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FROJVTISPIECE. 

The Constable seizing a tobacco taker. 





See tlie prohibition of tobacco chewing, page 96. | 



THE CODE 



OF 



a^i%4 



BEI.NO ▲ COMflLATrON OF TH£ EARLIEST LAWS AND ORDERS 
OF THE 

GENERAL COURT OF CONNECTICUT: 

ALSO, THE 

CONSTITUTION, OR CIVIL COMPACT, 

ENTERED INTO AND ADOPTED BY THE TOWNS OF 

WINDSOR, HARTFORD, AND WETHERSFIELD 

IN ] 638-9. 

7'0 WHICH IS ADDED 

SOME EXTRACTS FROM THE LAWS AND JUDICIAL 
PROCEEDINGS OF NEW-HAVEN COLONY 

COMMO.'fLT CALLED 



HARTFORD 

PVBLISHED BY SILAS ANDRUS. 

1830. 



DISTRICT OF CONNECTICUT, ss. 

T gT>E IT REMEMBERED, That on the first day of 
* 'J3 January, in the forty-sixth year of the Indepen- 
dence of the United States of America, Silas Andrus, of 
the said district, has deposited in this office the title of a 
book, the right wliereof he claims as proprietor, in the 
words following, to wit : " The code of 1650, being a com- 
pilation of the earliest laws and orders of the General 
Court of Connecticut. Also, the Constitution, or civil com- 
pact, entered into and adopted by the towns of Windsor, 
Hartford and Wethersfield, in 1638-9. To which is added, 
some extracts from the laws and judicial proceedings of 
New-Haven colony, commonly called blue laws." 

In conformity to the act of the Congress of the United 
States, entitled, " An act for the encouragement of learn- 
ing, by securing the copies of Maps, Charts and Books, to 
the authors and proprietors of such cojiies, during the 
times therein mentioned." 

CHARLES A. INGERSOLL, 

Clerk of the District of Connecticut. 
A true copy of Record, examined and :=ealed by me, 
CHARLES A. INGERSOLL, 

Clerk of the Di.sTrict of Connecticut. 



ADVERTISEMENT. 



The following sheets contain an exact copy of the con 
stitution, or form of civil government, as adopted by the 
towns of Windsor, Hartford and Wethersfield, and the 
Code of 1650, as confirmed by the General Court of Con- 
necticut. These were both taken from the original re- 
cords remaining in the office of the Secretary for the State. 
Much time and accuracy were required to obtain an ex- 
act copy, on account of the orthography, and particularly 
for the reason, that the record, in some parts, was nearly 
obUterated, and in others, totally gone. Other parts of 
the record, therefore, have been resorted to, and the copy 
rendered complete. The ancient orthography has been 
accurately preserved. 

This small volume is offered to the public, without apo- 
logy or comment : nor does the publisher deem it neces- 
sary to detail the reasons whicli induced him to undertake 
the publication. Only, suffice it to say, that the first re- 
vision of the early laws of Connecticut, w^as never before 
printed. Prior to the revision of 1672, which was printed 
in 1675, the laws and orders of the General Court, were 
promulgated only by manuscript copies. They were re- 
corded in the public records of the court, and also in the 
town records, and it was made the duty of the constables 
of the several towns, to publish such laws as should be 
made from time to time, and, annually to read the capital 
laws at some public meeting. 

To this Code may be traced the origin of almost all our 
civil and religious institutions. Oin- ancestors have tlius^ 
in a great measure, transmitted to their posterity their pre- 
sent customs, manners, and civil and rehgious o})inion». 
The laws were few and sinjple, yet they were such as the 
exigences of the commonwealth required, and such as 
may be supposed to exist in the ijifancy of civil gov«rn- 
menrst. 



AN INDEX 

TO THE PRINCIPAL MATTERS. 



Actions Civil, proceedings on the trial of, by jury. 60, 61 

court may vary the verdict of the jur}'. - - 61 

Adultery, how punishable. - * - • 28 

Age and ability of persons. - - - 20, 21 

Arrests, the person not to be arrested or imprisoned for oebt, if 

sufficient estate can be found. - - - - 21 

debtors not to remain in prison, unless estate be concealed. ib. 

Assembly General, at what times to be liolden. - 12 

of what officers and persons constituted - - 12,14 

powers of - - - . . 12, 14, 17 

members of, when and how chosen. - • 12 

how convened. - - - - 14 

stated and special sessions of, when called by the freemen. 14, 15 

powers of such courts. - - - - 15 

^5«g-nmen< in sfrw/ce, of poor debtors, when authorized. - 21 

Attachment, for contempt of court, when to be issued. - 22 

of lands or estate, when authorized. - - - ib. 

to be made for the benefit of all or any of the creditors. - ib. 

if oppressive, the party to pay damages. - - 22,23 

notice to the defendant, what. ... 03 

Ballast, not to be taken from any shore, or tlirown into any 

harbour ... . . 23, 24 

Barratry, defined and punishable. - . - 24 

Beastiality, how punishable. - - • - 2a 

Bills, assignable. - - ... 24 

Births, to be recorded. - - • . • 86 

Blasphemy how punishable. • • • 28 

Bounds oj" towns to be set out. - - - « 25 

to be renewed and perambulation performed,' je&rly - ib. 

of lands of individuals, to be perambulated. • ib. 

Burglary, how punishable, - . - 26 

Capital Laws. - - - - 20, 29 

Casks, assize of - ... . 31 

Cattle to be ear-marked. - - - - . 33 

Caveat may be entered with the register, against the alienation 
of lands of fraudulent or insolvent debtors — effect thereof — 
and mode of proceeding in such cases. - - 35, 36, 37 

Children, hov/ to be instructed. ... 33^ 39 

when to be bound to masters. - - - 39 

to be bred to some employment. - - - 39 

Church, members of, amenable to the civil power for ecclesiasti- 
cal offences. - - . . 44 45 
censure of not to degrade any one from any civil dignity. 4.5 
Co?nrnmio«€rs, form of oath of, prescribed. - . 77 
Cnmmon Coasters, punij:hable for idleness. - - 50 



INDEX. 

Common Fiehh. bon- to be improved. - - - S4 
provisions relating to fences and damage done liieiein. 34, 35 
individuals may inclose tlieir own grounds. - - 35 
-C'on.<tpi}-a€y, how pimislin'ile. - - - 29 
Constables, their powers, duties and liabilities. * 40, 41 
when to be chosen and sworn. - - - 41 
form of oath of prescribed. - - - 76 
Conslifution of civil Goveryiment, of 163B, 9. - 11 to 19 
Contemners of God's holy ordinances, how punishable. 43, 44 
Contempt, attachment for. - - - - 22 
Coopers, to be provided with brands. - - - 31 
Courts, disorders in, punishable. - - - 38 
secrets of, revealing of, how punishable. - - ib. 
defamation of, punishable. - •■ - 6G 
C>i»i€5 and Pwms/twjen^s, Burglary how punishable: - 2S 
Robbery. - - ' - • - ib. 
theft atid pilfering. - - - - - 26, 27 
jurisdiction of magistrates in case of theft. - - 27 
heresy — witchcraft — blasphemy — murder — poisoning — beasliality 
— sodomy — adultery, how punishable. - - 28 
rape — manstealing— false witness — conspiracy — invasion and re- 
bellion— cursing of parents, — how punishable. - 29 
stubbornness how punishable. - - - 29, oO 
lascivious carriage, how punishable. - - 30 
forgery, how punishable. - - - - 47 
fornication, how punishable. - _ - - 48 
gaming how punishable. .... ijj_ 
proceedings against persons charged with capital crimes withdraw- 
ing them.selves from justice. - - - - 60 
their withdrawing to stand instead of one witness. - ib. 
manslaugluer, what. - - - - 66 
Cruelty not to be exercised towards any beast kept for the ute of 

man. ^ - - - - 42 
Cursi7ig^ of Parents, how punishable. - - - 29 
Deaths, to be recorded. - - - - - 86 
Delinquents, in what cases they may be arrested without war- 
rant, and in what not. - ' - - - - 40, 41 
Delinquents, committed, liable to pay costs of prosecution, and 

prison fees. . - " - - . - 42 

judgment against by whom to be executed. - - 45, 46 

Deputies from the several towns, to attend the general courts. 14 

how and by whom chosen. - j - 15 

their qualifications. . . - . . ib. 

number of from each town. - - - 15,16 

their power. - - . - - 16 

vacancies liow supplied. - - - - ib. 

meeting of, previous to any general court, and to examine 

their own elections. - - - ' - - ib. 

Djsttbilitij of persons convicted of scandalous offences. - 98 

•^«rM5--conveyai<ces, deeds, promitses, obtained by, void. 41 

■*^cclesiasticnl Ajfairs, contemners of God's holy ordinances, how 

punishable. . . . - - 43, 44 

5jieglect of public worship, punishable. - - ,• 44 



INDEX. 

civil powei to be exercised lo enforce the observance of chris- 
tian ordinances. - - - - - - ib. 

cliurch censure not to degrade any man from any civil dignity. 45 

ministers of the gospel, how maintained. • .74 

Election, Court of, wiien to be holden, and how constituted. 12, 14 

Escheats, ..... . 45 

Evidence, tlie withdrawing of criminals from justice to stand in- 
stead of one witness. - - - - 60 

Execution, goods taken in execution, to be appraised and deFivered 
to the creditor in full satisfaction. - - 45 

how levied in ordinaiy cases. - • - 63 

what estate exempt from. - - - ib. 

Fences, between lands of adjoining proprietors how made and 

maintained, when one shall improve before another. - 32 

in common fields, regulated. - - - 34, 35 

f)ropiittors of common fields may inclose their own landa. 35 

low erected between adjoining proprietors. - - 46 

Fines, how levied. - - - - - 46, 63 

Fire — the iiindling of fires at certain seasons, proliibited. 47 

double damages recoverable for burning or destroying timber, &c. ib. 
Foreigners, their land and estate liable to attachment. - 22 

Foreign Judgment, verdicts and sentences of courts in any of 

tlie colonies, their credit and effect. - - 98, 99 

Forgerii, how punishable. - - - - 47 

Fornic'r.ion, iiow punishable. - - - - 48 

Fowlers Unprofitable, punishable for idleness. - 50 

Fraudulent Convei/ances, void. - • -41 

i^reernen, their qualifications, and how admitted. - 12 

form of oath of prescribed. . . . 'S 

General Assembly or Court, at what times to be holden. - 12 

of what officers and persons constituted. - - 12,14 

general powers of. - - - 12, 14, 17 

members of. when and how chosen. ... 12,15 

how convened. - ... - 14 

stated and special sessions of, when called by the freemen. 14, 15 

powers of such courts. - - • - 13 

quorum of, how formed. - - - - 17 

Ot)i"errto?/r, when and how elected. - - 12, 13 

eligible only once in two years. . - - - 13 

qualifications of. ... - 14 

form of oath of, prescribed. - - " . '^ 

Grand Jury; when to attend the court, their number and duties. 62 

form of oath of prescribed. - - - - 77, 7B 

Heresy, how punishable. - - - - 2S 

Htghviays, how rejjaired. ... - 49, .'-0 

Horses, penalty and punishment for taking them from any ccJm- 

mon, a:c. and using them. - - 31, 32 

Hue and Cry, how put forth and probccuted. - 40, 41 

Idleness, punishable. ... - - 50 

Imprisonment for debt. - - - -21 

Indians, jprovmoi\'i relating to their punishment for trespasses 
and oftenres. for regulating the intercourse between them 



INDEX. 

and tlie English and for instrucling them in matters of reli-^ 

ftion and civilization. - - - - 51 to 57 

persons joining and settling with them, punishable. - ^ 63 

Inn Kf topers, provisions relating to their employment. 57 to 60 

one inn-keeper to be provided in eacii town. _ - 53 

Inquesi, Jury o/, to be summoned in case of untimely deaths. 42 

/?a-v and JMro>-5— jury of what number to consist. - 60 

tv)o thirds of their number may return a verdict. - 61 

special verdict. - - - - ■ ih. 

may be returned to a second consideration. - - ib. 

when a second jury may be impannelled. - - ib. 

foiTn of jurors oath prescribed. • - - '•'7 

hand, bounds of, to be perambulated, and meav-stones erected 
and preserved. - - - - 25, 26 

free from feudal burthens. . - - - 62 

grants of to be recorded. ... 86, 87 

Lascivious Carriage, how punishable. . - - 30 

Jjying, punishable. - - - • - 64, 65 

Jt/«g-/.s'</-rt<e5, when and how elected. - - -12,13 

Magistrates, to be propounded at some general court preceeding 
their election. - . - • - 1.3 

their qualifications. - - - - ''^' '1 

defamation of, how punishable. » - • 67 

form of oatli of, prescribed. ' - - - 75 

Manslaughter, wliat. . . . - • 6G 

Man-stealing, how punishable. ... 29 

JJ/arreag-e, pubhcation of intention of, what. - - 67 

persons under the government of parents, &c. not to contract 
matrimony without consent. - - . - 68 

to be recorded. ...... 86 

Marshall, fees of, stated. - - - - 68, 69 

his duty. . . . - - C9 

Master and Servant, persons not to entertain yomig men in their 

families. .... - . 65 

j-oung unmarried men not to keep house in certain cases. 65 

servants prohibited from making contracts. - - ib. 

labourers to work the whole day. - - - 6G 

runaway servants to be pursued. ... ib. 

to serve three fold tlio time of their absence. - - ib. 

Military Affairs, provisions relating thereto. - 70 to 74 

Murder, how punishable. - - - - 23 

Oaths, form of ... - - 75 to 73- 

Peage. how to be assorted and strung. - - 73 

Perambulation of town lines, to be performed annually. - 25 

of bounds of land of adjoining proprietors. - - ib. 

Poisoning, how puniphable. - - - 23 

Poor, provisions relating to the settlement and support of poor 

per.-^uis. ..... 78 

Pounds and Povvd Breach, pntmds to be erected and maintained. 78,79 

rat;!.? impoundrd, when to be cried. - - 79 

pound broach and rescue, punishable. - - ib. 

Pr:)fanc Swcarivg, puuitl^ablp. - - - 80 

/i'lve, hnw punisliable. . - - . 29 



INDEX. 

Record, of birllis. ... ,~u'* gg 

of deaths. - » - - - ib. 

of marriEigei • - - • . ijj^ 

of lands. - - - - - 86, B7 

of remarkable passages of God'3 providence. - 88 

of heirs and legatees. ----- 89 

of inventories. - - - - - ib. 

Replevin, when to be granted. - - - 23 

Rights secured. - - - - - 18, 19 

Robbery, how punishable. . - . . 26 

Schooh common, when to be set up. - • - 91 

grammar, when to be kept. - - - - ib. 

maintenance of scholars at the University at Cambridge. ib. 

Secretari/, form of oath of, prescribed. - - 77 

duties and fees of. - - - - - 92,93 

Secrets of Court, revealing of, Jiow punisliable. - 38 

Servants and Apprentices, how to be instructed, &C. - 38, 39 

Shuffle Board, j^ame of, prohibited. - - ,• 48 

Sodomy, how punishable. - - . 28 

Spiritous Liquors, sale of, without licence, prohibited. - 99 

Strays, how to be disposed of. - . - 93, 94 

Stubbornness, how punisliable. - - . 29, 30 

S-ummons, in civil process, what. ... 21 

Swine, to be ringed and yoked, or kept in yards. - - 95 

I'axes, how levied. - - - 18, 63, 80 in 85 

Testamentary Affairs, testate and intestate estates, how disposed 

of. - - - . - 88 to 90 

proof and authentication of wills in foreign jurisdictions, to be 

allowed. - - - - - 89,90 

Theft, how punishable. - - - - 26, 27 

iurisdiction of magistrates, in cases of - « 27 

Ihmher, not to be felled at certain seasons of the year, and pro- ' 

visions reluting to the use and tran^porlation of it. - 95, 96 

Tobacco, the use of it restricted. ... 96, 97 

takers of punishable for idleness. - - - 50 

l^wns, bounds of, to be set out and perambulated. - 25 

Treasurer, not to deliver money from the treasury without 

vouchers. - - - - - 97, 98 

7'respasses, damage done by cattle in cornfields, &c. how estimated. 97 

Verdict — the court may vary tiie verdict of a jury, as to the 

amount of damages. ... . - 61 

in foreign jurisdictions, to be allowed here, in certain cases. 98, 99 

Vexatious suit, defined, and the party fineable. . - 42 

JVatch, to bee maintained, and neglect of punishable. 99, 100 

Weights and Measures, to be sealed. - - 69, 70 

Wilts, to be recorded. ... . 88, 89 

proof of, in foreign jurisdictions, to be allowed. - 89, 90 

Wine and Strong Water, sale of without licence prohibited. 9'> 

Witchcraft, how punishable. . - - 2IJ 

Wolves, bounty allowed for the destruction of. - 101 

Worship, Christian, neglect of, punishable. - . 44 

public, guards at places of. .... 48 

Wrecks, persons and goods wrecked, to be releived and preserved. 101 



^©if s^a^^^^^sr mw )k%m^ 



Fforasmuch as it hath pleased the Almighty 
God, by the wise disposition of his divine 
providence, so to order and dispose of 
things, that we the Inhabitants and resi- 
dents of Windsor, Hartford and Weathers- 
feild, are now cohabiting, and dwelling in 
and uppon the river of Conneticutt, and 
the lands thereunto adjoining, and well 
knowing when a people are gathered to- 
gether, the word of God requires, that to 
meinteine the peace and union of such 
a people, there should bee an orderly 
and decent governement established ac- 
cording to God, to order and dispose of 
the affaires of the people at all seasons, 
as occassion shall require; doe therefore 
associate and conjoine ourselves to bee 
as one publique State or Commonwealth; 
and doe for ourselves and our successors, 
and such as shall bee adjoined to us at 
any time hereafter, enter into combina- 
tion and confederation together, to mein- 
teine and preserve the libberly and purity 



of the Gospell ot'our Lord Jesus, which 
we now profess, as also the disciphue of 
the churches, which, according to the 
truth of the said Gospell, is now practis- 
ed amongst us; as allso in our civill 
affaires to be guided and governed ac- 
cording to such lawes, rules, orders, and 
decrees, as shall bee made, ordered, and 
decreed, as folio weth: 

1 . It is ordered^ sentenced and decreed^ That there 
shall bee yearly two General} Assembly's or Courts, 
the one the second Thursday in Aprill, the other the 
second Thursday in September following : The 
first shall bee called the Courte of Election, where- 
in shall bee yearely chosen, from time to time, so 
many magistrates and other publique officers, as 
shall bee found requisite, whereof one to be chosen 
Governor for the ycare ensuing, and until! another 
bee chosen, and no other magistrate to bee chosen 
for more then one yeare *, provided always, there 
bee six chosen besides the Governor, which being 
chosen and swbrne according to aii oath recorded 
for that purpose, shall have power to administer 
justice according to the lawes here established, and 
ior want thereof, according to the rule of the word 
of God ; which choyce shall bee made by all that 
are admitted Freemen, and have taken the oath of 
fidelity, and do cohabit within ttiis jurissdiction, hav- 
ing beene admitted inhabitants by the major parte 
of the town where they live or the major parte of 
6uch as shall bee then present. 

2. It is ordered, sentenced^ and decreed, That the 
Eleciipn of the aforesaid magistrate shall bee on 



tlus manner ; every person present and qualified 
for cho}xe, shall bring in (to the persons deputed 
to receive thenn) one single paper, with the name 
of him written in it whom he desires to have Gov- 
ernor, and hee that hath the greatest number of pa- 
pers shall bee Governor for that yeare : And the 
rest of the Magistrates or publique officers, to be 
chosen in this manner ; the Secretary for the time 
being, shall first read the names of all that are to bee 
put to choyce, and then shall severally nominate 
them distinctly, and every one that would have the 
person nominated to bee chosen, shall bring in one 
single paper written uppon, and hee that would not 
have him chosen, shall bring in a blanke, and eve- 
ry one that hath more written papers than blanks, 
shall bee a magistrate for that yeare, which papers 
shall bee received and told by one or more that 
shall bee then chosen, by the Courte, and sworn 
to bee faithfull therein ; but in case there should 
not bee six persons as aforesaid, besides the Gov- 
ernor, out of those which are nominated, then hee 
or they which have the most written papers, shall 
bee a Magistrate or Magistrates for the ensuing 
yeare, to make up the aforesaid number. 

3. It is ordered, sentenced, and decreed, That the 
Secretary shall not nominate any person, nor shall 
any person bee chosen newly into the Magistracy. 
which was not propounded in some General Courte 
before, to bee nominated the next eleation : And 
to that end, it shall be lawfull for each of the Townes 
aforesaid, by theire Deputies, to nominate any two 
whoe they conceive fitt to be put to election, and 
the Courte may add so many more as they judge 
requisite. 

4, It is ordered, sentenced and decreed, That no 
person bee chosen Governor above once in two 



14 

J ears, and that the Governor bee always a member 
of some approved congregation, and formerly of 
the magistracy, within this Jurissdiction, and all the 
Magistrates, tfreemen of this Commonwealth ; and 
that no Magistrate or other publicjue Officer, shall 
execute any parte of his or theire office before they 
are severally sworne, which shall bee done in the 
face of theCourte, if they bee present, and in case 
of absence, by some deputed for that purpose. 

5. // is ordered, sentenced and decreed, That to 
the aforesaid Courte of Election, the severall Townes 
shall send theire Deputyes, and when the Elections 
are ended they may proceed in any publique ser\ - 
ice, as at other Courtcs ; allso, the other General! 
Courte in September, shall bee for making of lawes 
and any other pubhque occassion, which concerns 
the good of the Commonwealth. 

6. It is ordered, sentenced, and decreed, That the 
Governor shall, either by himselfe or by the Secre- 
tary, send out summons to the Constables of every 
Towne, for the calliii^ of these two standing Courts, 
one month at least before theire severall times ; 
And allso, if the Governor and the greatest parte 
of the magistrates see cause, uppon any speciall oc- 
cassion, to call a Generall Courte, they may give 
order to the Secretary so to doe, within fourteene 
dayes warning, and if urgent necessity so require, 
uppon a shorter notice, giving sufficient grounds 
for it, to the Deputy?, when they meete, or else, 
bee questioned for the same ; and if the Governor 
and major parte of the Magistrates, shall either neg- 
lect or refuse, to call the two Generall standing 
Courts, or either of them;: as allso, at other times, 
-when the occassions of the Commonwealth require ; 
the Freemen thereof, or the major parte of them, 
shall petition to them so to doe, if then it bee either 



15 

denied or neglected, the said Freemen or the nnajor 
parte of them, shall have power to give order to 
the Constables of the severall Towns to doe the 
same, and so many meete togctlier and choose to 
themselves a moderator, and may proceed to doe 
any act of power which any other Generall Courte 
may. 

7. It is ordered, sentenced and decreed, That af- 
ter there are warrants given out for any of the said 
Generall Courts, the Constable or Constables of 
each Towne shall forthwith give notice distinctly to 
the inhabitants of the same, in some publique As- 
sembly, or by going or sending from howse to 
howse, that at a place and time, by him or them 
limited and sett, they meete and assemble them- 
selves together, to elect and choose certaine Dep- 
uties to bee at the Generall Courte then following, 
to agitate the affaires of the Commonwealth ; which 
said Deputies, shall bee chosen by all that are ad- 
mitted inhabitants in the severall Towns and have 
taken the oath of fidelity : provided, that none bee 
chosen a Deputyc for any Generall Courte which is 
not a Freeman of this Commonwealth : The afore- 
said Deputyes shall bee chosen in manner follow- 
ing; Every person that is present and qualified as 
before expressed, shall bring the names of such 
written in severall papers, as ihey desire to have 
chosen, lor that employment : and these three or 
foure, more or less, being the number agreed on to 
bee chosen, for that time, that have greatest num- 
ber of papers written for tliem, shall bee Deputyes 
for that Courte ; whose names shall be indorsed on 
the backside of the warrant and returned into the 
Courte, with the Constable or Constables hand un- 
to the same. 

8. li is ordered, sentencrd and decreed. That 



IG 

Wyndsor, Ilarllord and Weathersfcild. shall have 
power, each Towne, to send foure of Iheire F^ree- 
men as theire Deputyes, to every Gcnerall Courte, 
and whatsoever other Townes shall hec hereafter 
added to this Jurissdiction, they shall send so niany 
Deputyes, as the Courte shall judge meete : a rea- 
sonable proportion to the number of Freemen, that 
are in the said Towns, being to bee attended there- 
in; which Deputyes shall have the power of the 
whole Towne, to give theire voates and allowance 
to all such lawes and orders, as may bee for the 
publique good, and unto which the said Towns are 
to bee bound : And it is allso ordered, that if any 
Deputyes shall bee absent uppon such occassions, 
as the Governor for the time being, shall approve 
of, or by the Providence of God, shall decease this 
life within the adjournment of any Courte, that it 
shall bee at the libbertye of the Governor to send 
forth a warrant, in such case, for supply thereof up- 
pon reasonable warning. 

9. li is ordered^ sentenced and decreed^ That the 
Deputyes thus chosen, shall have power and libber- 
ty, to appoint a time and place of meeting togeth- 
er, before any Generall Courte, to advise and con- 
suite of all such thinges as may concerne the good 
of the publique ; as allso to examine theire owno 
Elections, whether according to the order ; and ii 
they or the greatest parte of them., fmde any elec- 
tion to be illegall, they may seclude such for pres- 
ent, from theire mcetinge, and returne the same and 
theire reasons to the Courte ; and if it proove tru*. . 
the Courte may fyne the party or partycs so intru- 
ding, and the Towne if they see cause, and give 
out a warrant to goe to a new election in a legal! 
way, either in parte or in whole. Allso the said 
Deputyes shall liave power to fvne any that shall 



17 

bee disorderly at theire meeting, or lor not coming 
in due time or place, according to appointment, and 
they may leturne the said fyne into the Courte, if 
it bee refused to bee paid, and the Treasurer to 
take notice of it, and to estreite or levye as hee doth 
other fynes. 

10. It is ordered, sentenced and decreed, That ev- 
ery generall Courte (except such as through neg- 
lect of the Governor and the greatest parte of Ma- 
gistrates, the Freemen themselves doe call,) shall 
consiste of the Governor or some one chosen to 
moderate the Courte, and foure other Magistrates 
at least, with the major parte of the Deputyes of 
the several Towns legally chosen, and in case the 
Freemen or the major parte of them, through neg- 
lect or refusall of the Governor and major parte of 
the Magistrates, shall call a Courte, it shall consiste 
of the maj»r parte of Freemen, that are present, or 
their Deputyes, with a moderator chosen by them, 
in which said Generall Courts, shall consiste the Su- 
preme power of the Commonwealth, and they onc- 
Ij shall have power to make lawes and repeale 
them, to graunt levycs, to admitt of Freemen, dis- 
pose of lands undisposed of, to severall Towns or 
persons ; and allso, shall have power to call either 
Courte or Magistrate, or any other person wliatso- 
cver into question, for any misdemeanor, and may 
for such cause, displace, or deale otherwise, accord- 
ing to the nature of the oflence ; and allso may deale 
in any other matter that concernes the good of this 
Commonvrealth, except election of Magistrates, 
which shall bee done by the whole body of Ffree- 
men ; in which Courts the Governor or Moderator 
ihall have the power to order the Courte, to give 
libbertye of Speech, Und silence unreasonable and 
disorderly speaking, to put all things to voate. and 



ill case the voale bee equal!, to have the casting 
voice : But none of these Courts shall bee adjourn- 
ed or dissolved without the consent of the major parte 
of the Courte. Provided, notwithstanding, that the 
Governor or Deputy Governor, with two Magistrates 
shall have power to kecpe a Perticular Courte accord- 
ing to the lawes established : And in case the Gover- 
nor or Deputy Governor bee absent, or some way or 
other incapable either to sitt or to bee present ; if 
three Magistrates meete and chuse one of them- 
selves to bee a Moderator, they may keepe a Per- 
ticular Courte, which to all ends and purposes shall 
bee deemed as legall as though the Governor or 
Deputy did sitt in Courte. 

11, It is ordered, sentenced, and decreed, That 
when any Generall Courte, uppon the occassions 
of the Commonwealth, have agreed uppon any 
summ or summs of monye, to be levyed ^ippon the 
severall Townes within this Jurissdiction, that a 
Comittee bee chosen, to sett out and appoint, what 
shall bee the proportion of every Towne to pay of 
the said levye ; Provided the Comittee bee made 
up of an equall number out of each Towne.(l) 

Fforasmuch as the free fruition of such libberties, 
immunities, priviledges, as humanity, civility 
and Christianity call for, as due to every man in 
his place and proportion, without impeachment 
and infringement, hath ever beene and ever will 
bee the tranquillity and stabillity of Churches and 
Commonwealths ; and the denyall or deprivall 
thereof, the disturbance, if not ruine of both : 

12. It is thereof ordered hy this Courte, and au- 

(1) The eleven precedinj^ sections were " voated" or enact- 
ed at a General Courte, held Janimry 14th, 1638 ; and the 
following provision was added at the revision in 1650. 



19 

ihoriiy thereof, That no man's life shall bee taken 
away ; no man's honor or good name shall be stain- 
ed; no man's person shall bee arrested, restreined, 
bannished, dismembred, nor any way puiinished ; no 
man shall bee deprived of his wife or children ; no 
man's goods or estate shall bee taken away from 
him nor any ways indammagcd, under colour of 
law, or countenance of authority ; unless it bee by 
the vertue or equity of some express law of the 
Country vrarranting the same, estabhshed by a 
Generall Courte and sufficiently published, or in 
case of the defect of a law, in any perticular case, 
bv the word of God. 



(&%mm %w ^m%^ 



^H9t 



ABILITF. 



It is ordered by this Courte, that all persons of 
the age of twenty-one years, and of right under- 
standing and memorye, whether excommunicated, 
condemned or otherw- ys, have full power and lib' 
berty to make their Wills, Testaments, and other 
lawfully Alienations of their goods and estates, and 
may bee plaintiffs in a civill Case. 

1 Eleusine exciverat. Vu]g6 Eleusi miitavit J. Gr on 
vius, figijFmantque Flor. et Reus isc.in quibus inendo se 

ACTIONS. 
Rhenanum ducenta milHa i)raeferunt. Joscplius, Zonaras 

It is further ordered and decreed^ That in all Ac- 
lions brought to any Courte, the Plaintiff ahall have 
libberty to withdraw his Action, or to be nonsuted 
before the Jury have given in theire verdict, in 
which case, hee shall always pay full costs and 
charges to the defendant, and may afterwards re- 
new his sute at another Courto, the former nonsute 
being first recorded. 



21 

AGE. 

It is ordered by this Courte and the authority i/ure- 
of, that the Age for passing away of lands or such* 
kinde of hereditaments, or for giving of voates, or 
sentences in any Civill Courts or Causes, shall bee 
twenty and one yeares ; but in case of choosing of 
Guardians, fourteene years. 

ARRESTS. 

It is ordered^ and decreed by this Court and au' 
ihority thereof, That no person shall bee Arrested 
or imprisoned for any debt or fyne, if the law can 
find any competent means of satisfaction otherwise, 
from his estate, and if not, his person may bee ar- 
rested and imprisoned, where hee shall bee kept al 
his owne charge, not the plaintiffs, till satisfaction 
bee made, unless the Courte that had cognicance of 
tlie cause, or some superior Courte, shall otherwise 
determine. Provided, nevertheless, that no man's 
person shall bee kept in prison for debt, but when 
there appears some estate which hee will not pro- 
duce; to which end, any Courte or Commissioners 
authorized by the Generall Courte, may administer 
nn oath to the partye, or any others suspected to 
bee privy in concealing his estate, hee shall sat- 
isfye by service, if the creditor require it ; but shall 
not bee sould to any, but of the English nation. 

ATTACHEMENT. 

It is ordered, sentenced, and decreed, That the or- 
dinary summons or process for the present, within 
this Jurissdiction, and untill other provision made 
In the contrary, bee a warrant, fairely written, un- 



der some Magistrate or Magistrates haiid or hands, 
mentioning the time and place of appearance, and 
if the said partje or partjes do not appeare ac- 
cording to the said warrant or summons, uppon 
j^ffidavitt first made, of the serving of the said 
person or persons, the Courte shall graunt an at- 
tachement against the person or persons delin- 
quent, to arrest or aprehend the said person or 
persons for his or theire willfull contempt, and 
in case no sufficient securitye or bayle bee ten- 
dred, to imprison the said partye or party es re- 
turneable the next Courte, that is capeable to 
take cogniscance of the said business in question, 
and uppon returne of the said Attachement, the 
said Courte to doe therein, as according to the 
laws and orders of this Jurissdiction, and in that 
case allso, the party delinquent to bear his owne 
charges. 

It is allso ordered^ That attachements to seize 
uppon any man's lands or estate bee onely graunt- 
ed for, or against, such goods as are tlorreigner's, 
and doe not dwell or inhabitt within this Juriss- 
diction : or, in case uppon credible information 
it appeare, that any inhabitant that is indebted, 
or ingaged, go about to convey away his estate 
to defraud his creditors, or to convey away his 
person out of this Jurissdiction, so as the process 
of this Jurissdiction may not bee served uppou 
his person, in that or any other just cases, there 
may bee Attachement, or Attachements graunted 
uppon the limitations expressed ; provided, that 
in all cases of Attachements, all or any of tlie 
creditors have libberty to declare uppon the said 
Attachement, if hee come in at the return of tlie 
said Attachement ; provided allso, that if any At- 
tachement. laid uppo;i any man's estate upoon a 



23 

pretence of a great summ ; and if it bee not prov« 
ed to bee due, in some neare portion to the summ 
challenged, and mentioned in the Attachement, 
then the security given shall bee lyable to such 
dammages as are susteined thereby. 

It is further ordered and decreed by this Courie, 
That whosoever takes out an Attachement against 
any man's person, goods, chatties, lands or heredit- 
aments, sufficient security «nd caution shall bee 
given by him to prosecute his action in the next 
courte, and to answer the defendant such costs 
as shall bee awarded to him by the Courte ; and 
in all Attachements of goods, or lands, legall notice 
shall bee given unto the partye, or left in writ- 
ing at his howse or place of usual abode, if hee 
live within this Jurissdiction ; otherwise, his sute 
shall not proceed : ^nd it is further ordered and 
declared, That every man shall have libberty to re- 
plevye his cattle or goods impounded, distreined, 
seized or extended (unless it bee uppon execution 
after judgement, and in payment of ffynes :) provid- 
ed in like manner hee put in good securitye to pros- 
ecute his replevye, and to satisfie such dammages, 
demaunds, or dues as his adversary shall recover 
against him in lawe. 

BALLAST. 

It is ordered by this Courte and Authority thereof. 
That no ballast shall bee taken from any shoare in 
any Towne within this Jurissdiction by any person 
whatsoever, without allowance under the hands of 
those men that are to order the atiaires in each 
Towne, uppon the penalty of six pence for every 
shovell full so taken ; unless such stones as they had 
laid there before : It is allso ordered by the author- 



24 

ity aforesaid^ That no shipp nor other vessell shall 
cast out any Ballast in the channell or other place 
inconvenient, in any harbor within this Jurissdic* 
tion ; uppon the penalty of Ten Pounds. 

BARRATRY. 

li is ordered^ decreed^ and hy this Courte declared^ 
That, if any man bee proved and adjudged a com- 
mon Barrater vexing others with unjust, frequent, 
and needless sutes ; it shall bee in the power of 
Courtes, both, to reject his cause, and to punnish 
him for Barratry. 

BILLS. 

It is ordered by the authority of this Courte -, That 
any Debt or Debts due uppon Bill or other speciali- 
ty, assigned to another, shall bee as good a debt, 
and estate, to the assignee, as it was to the assigner 
at the time of its assignation, and that it shall bee 
lawfuU for the said assignee, to sue for and recover 
the said Debt due uppon Bill and so assigned, as 
fully as the originall Creditor might have done : 
provided the said assignment be made uppon the 
backside of the Bill or speciality, not excluding 
any just or cleare interest any man may have in 
any Bills or specialtyes made over to them by Let- 
ters of Attorneye, or otherwise. 

BOUNDS 

OF TOWNES AND TERTICULAR LANDS. 

Fforasmuch as the Bounds of Townes and of tlie 
lands of perticular persons are carefully to bee 
meinteined, and not without great danger to bee 



removed by any ; wliicti notwithstanding, by de- 
ticiency and decay of markes, may at unawares 
bee done, whereby great jealousies of persons, 
trouble in Tov/nes, and incunibranccs in Courtes, 
doe often arise, whicli by due care and meancs 
might pe prevented : 

It is therefore ordered by ihis Courte and aidhori- 
t.ij thereof. That every Towne shall sett out their 
liounds within twelve months after the pubHsliing 
liereof, and after their Bounds are graunted, and 
that when theire Bounds are once sett out, once in 
ilie yeare, three or more persons in the Xowne ap- 
pointed by the Select men, shall appoirfe with the 
adjacent Townes, to goe the Bounds bctv,ixt theire 

;id Tov/nes, and renew their marke?, wliich 
markes shall bee a great heape of Stones, or a trench 
of six foott long and two foott broad, the most an- 
' icnt Towne (which for the River is determined 
l)y the Courte to bee Weathersfeild.) to give notice 
of the time and plage of meeting for this perambu- 
lation, which time shall bee in the first or second 
month, uppon paine of live pounds for e\Qvy Towne 
lliat shall neglet the same ; provided, that the three 
men appointed for peranibukition shall goe in theire 
-overall quarters, by order of the select men, and at 
the charge of the severall Townes : 

And it is further ordered. That if any perticular 
proprietor of lands lying in connnon with others, 
shall rcllise to goe by himsellc or his assigne, the 
Bounds betwixt his land and other m.ens, once a 
} care, in the iirstor second month, beeing request- 
' d thereu.nto, uppon one weekes warning, hee shall 
T'-rfeil for every day so neglecting, {qw shillings, 

ilfc to the party mooving thereto, the other hahe 
10 the Towne ; and the owners of all impropriated 
3 



grounds shall Bound every perticular parcel! there- 
of with sufficien-t meare-stones and shall preserve 
and keepe them so, uppon the former penalty. 

BURGLARY AND THEFT. 

Fforasmuch as many persons of late yea res have 
beene and are apt to be injurious to the goods 
and lives of others, notwithstanding all care and 

_ meanes to prevent and punish the same ; 

It is therefore ordered by this Courte and authority 
thereof That if any person shall committ Burglary 
by breaking up any dwelling howsc, or shall robbany 
person in the feild, or highwayes, such a person so 
offending, shall, for the lirst offence, bee branded on 
the forehead with the letter (B) ; if hce shall of- 
fend in the same kinde, the second time, hee shall 
bee branded as before, and allso, bee severely 
whipped ; and if hee shall fall into the same offence 
the third time, hee shall bee put to death as being in- 
corrigible ; and if any person shall committ such 
Burglary, or rob in the feilds or howse on the Lords 
day, besides the former punishments, hee shall for 
the first offence have one of his eares cutt of, and 
for the second offence in the same kinde, he shall 
looss his other eare in the same manner; and if hee 
fall into the same offence the third time, hee shall 
bee put to death. 

Secondly, for the prevention of pillfring and Theft. 

// is ordered by this Conrte and authority thereof 
That if any person, wdiether children, servants or 
others, shall bee taken or known to robb any orch- 
yards or garden, that shall liuite or stcale away 



anv grafts or iruite trees, fruits, linnen, woollen, or 
aiiV other goods left out in orchyards, gardens, back- 
sides, or other place, in howse or feilds, or shall 
steale any wood, or other goods from the water side, 
from mens dores or yards, hee shall forfeitt treble 
dammage to the owners thereof, and such seveere 
punnishment as the Courte shall thinke meete. 

Aiid forasmuch as many times it so falls out, that 
small thefts and other ofiences of a criminall na- 
ture are committed, both by English and Indians 
in Townes remote from any prison, or other fitt 
place, to which such malefactors may bee com- 
mitted till the next Courte ; 

It is therefore hereby ordered, That any Magis- 
trate uppon complaint made to him, may heare, and 
uppon due proofc determine, any such small offen- 
ces of the aforesaid nature, according to the lawes 
heere established, and give warrant to the Consta- 
ble of that Towne where the offender lives, to lev- 
ye the same : provided the damage or tyne exceed 
not forty shillings ; provided allso, it shall bee law- 
full for either partye to appeal to the next Courte 
to bee holden in that Jurissdiction, giving sufficient 
caution to prosecute the same to effect, at the said 
Courte ; and every magistrate shall make returne 
yearly to the Courte of the Jurissdiction wherein 
liec liveth, of what cases he hath so ended ; and 
allso the Constable, of all such fynes as they have 
leceived, and where the offender hath nothing to 
satistie, such Magistrate may punnish by stocks or 
whipping as the cause shall deserve. 

It is allso ordered that all servants or workemen 
imbeazling the goods of theire masters, or such as 
sett them on worke, shall make restitution and bee 
lyable to all lawes and penaltyes, as other men. 



CAPITALL LAWES. 

1. If any man after Icgall conviction, shall have 
or vi'orship any olht^r God but the Lord God, hee 
shall hee put\o death. Deut. 13. 6 — 17. 2. — Ex- 
odus 22. 20. 

2. If any man or woman bee a Witch, that is, 
hath or consulteth with a familhar spirritt, they 
shall bee put to death. Exodus 22. 18. — Lcvit. 20. 
27.— Deut. 18. 10, n. 

3. If any person shall l)]aspheme the name of 
God the ffather, Sonne or holy Gliost, wqth direct, 
express, presumptuous or highhanded blasphemy, 
or shall curse in the like manner, hee shall bee put 
to death. Lev. 24. 15, 16. 

4. If any person shall committ any willfull mur- 
Iher, which is mansJaughter committed uppon mal- 
ice, hatred or cruelty, not in a man's necessary and 
just defence, nor by mere causualty against his will, 
hee shall be put to death. Exo. 21. 12, 13, 14. — 
Numb. 35. 30, 31. 

5. If any person shall slay another through guile, 
either by poisonings or other such Devellish prac- 
tice, hee shall bee put to death. Exo. 21. 14. 

6. If any man or woman shall lye with any beast 
or bruite creature, by carnal! copulation, they sball 
surely bee put to death, and the beast shall he slaine 
and buried. Levit. 20. 15, 16. 

7. If any man lyeth with mankind as hee lyeth 
with w^oman, both of them have committed abomi- 
nation, they both shall surely be put to death. — 
Levit.' 20. "13. 

8. If any person committeth adultery with a mar 
ried or espoused wife, the Adulterer and the Adul- 
teress shall surely bee put to death. Levit. 20. 10, 
and 18. 20,— Deut. 22. 23, 24. 



29 

9. If any man shall forcibly, and without consent, 
Ravish any maide, or woman that is lawfully mar- 
lied or contracted, hce shall bee putt to death. — 
Deut. 22. 2.5. 

10. If any man stealcth a man or mankinde, hec 
shall bee put to death. — Exodus 21. 'iQ. 

n . If any man rise up by false wittness, witting- 
ly and of purpose to take away any man's life, hee 
shall be put to death.— Deut. 19. 16. 18. 19. 

12. If any man shall conspire or attempt any in- 
vasion, insurrection or rebellion against the Com- 
monwealth, hec shall bee put (o death. 

13. If any Childe or Children above sixteene 
years old and of suffitient understanding, shall 
Curse or smite their naturall father or mother, hee 
or they shall bee put to death; unless it can bee 
sufficiently testified that the parents have beeno 
very unchristianly negligent in the education of such 
children, or so provoke them by extreme and cruell 
j:orrection that they have beene forced thereunto to 
preserve themselves from death, maiming. — Exo. 
21. 17.— Levit. 20.— Ex. 21. lo. 

11. If any man have a stubborne and rebel- 
h'ous Sonne of sufficient yeares and understand- 
ing, viz. Sixteene yeares of age, which will not 
obey the voice of his father or the voice of his 
mother, and that when they have chastened him 
>viil not hearken unto them : then may his tJa- 
ther and mother, being his naturall parents, lay 
hold on him and bring him to the Magistrates 
assembled in Courte, and testifie unto them, that 
theire sonne is stubborne and rebellious and will 
not obey theire voice and Chastisement, but lives in 
sundry notorious Crimes, such a sonne shall bee put 
to death. Ditt. 21. 20, 21. 

3* 



It is allso ordered by this Courle, and authority 
thereof, That whatsoever Childe or servant within 
these Libberties, shall bee convicted of any stub- 
borne, or rebellious carriage against their parents 
or governors, which is a forrunner of the aforemen- 
tioned evills ; the Governor or any two Magistrates 
have libberty, and power from this Coiirte, to com- 
mitt such person or persons to the House of Cor- 
rection ; and there to remainc under hard labour, 
and severe punnishment so lojig as (he Courte, or 
the major parte of the Magistrates, shall judge 
meete. 



And whereas frequent experience, gives in sad ev- 
idence of severall other wayes of uncleanes, and 
lascivious carriages, practised amongst us ; where- 
unto in regarde of the variety of circumstances, 
perticular and express lawes and orders cannott 
suddenly be suted ; this Courte cannott but looke 
upon evills in that kinde, as very pernitious and 
destructive to the wellfarc of this Commonwealth : 



- And, doe judge, that severe and sharpe punnish- 
ment, should bee inflicted uppon such delinquents ; 
And as they dae approve of what hath becne al- 
ready done, by tiie perticular Courte, as agreeing 
with the Generall power formerly graunted 5 so 
they doe hereby confn'mc the same power to the 
perticular Courte ; whoe may proceed either by 
lyne, committing to the house of correction, or 
other corporall punnishment, according to theire 
discretion; desiring such seasonable and exempla- 
ry executions, may bee done upon offenders in that 
kinde. that others mav hcaro and fenre. 



31 
CASCK AND COOPER. 

It is ordered by this Courte and Authority tJttreof. 
That all Casck used for Tarr or other commoditN f s 
to bee put to sale, sliali bee assized as followelh : 
viz : Ever}' Casck, commoiiij called barrills, oi 
halfe-hogs heads, shall contain twenty eight gallon- 
wine measure, and other vessells proportionable : 
and that titt persons shall he appointed from time 
to tinne, in all placess needfnll to gage all such ves- 
sells or Cascks, and such as shall be found of due 
assize shall be marked with the gagers markc and 
no other, who shall have for his paines foure pence 
for every Tunn, and so proportionably. 

And, It is also ordered, that every Cooper shall 
have a distinct brand-marke, on his owne Casck, 
upon paine of forfeiture of Twenty shillings in ei- 
ther case, and so proportionably for lesser vessells. 

CATTLE, CORNEFEILDS, FFENCE.S. 

Fforasmuch as complaints have beene made of a 
very evill practise of .some disordered persons in 
the country whoc use to take other mens horses, 
sometimes upon the Commons, sometimes out ot 
theire owne cjrounds, common feilds, and inclos- 
ures, and ride them at. tlicire pleasure, without 
any leave or privity of tlieire owners : 

It is therifore ordered and Enacted, by the au- 
thority of this Courtc, that whosoever shall take 
any other mans Horse, Mare, or Drawing Beast, 
out of his inclosure, uppon any Common, out of 
any common-feild or elsewhere ; Except such bee 
taken dammage-faisant. and disposed of according to 



32 
law, without leave of the owners, and shall ride or 
use the same, hee shall pay to the partye wronged, 
treble dammages, or if the complainant shall desire 
it, then to pay oncly ten shillings, and such as have 
not to make satisfaction, shall bee punnished by 
whipping, imprisonment, or otherwise, as by law 
shall be adjudged ; And any one magistrate may 
heare and determine the same. 

// is allso further ordered^ That where lands lye m 
common, unfenced •, if one shall improve his lands, 
by fencing in severall, and another shall not ; hee 
whoe shall so improve, shall secure his land against 
other mebs cattle, and shall not compell such as 
joine uppon him, to make any fence with him ; ex- 
cept hee shall allso improve in severall, as the other 
doth : And where one man shall improve, before 
his neighbour, and so make the whole fence, if after 
his said neighbour shall improve allso, he shall 
then satisfie for halfe the others fence against him, 
according to the present value, and shall meinteine 
the same ; And if either of them shall after lay open 
his said feilds (which none shall doe without three 
months warning) hee shall have libbert}', to buy the 
dividend fence, payinge according to the present 
valuation, to bee sett by two men, chosen by either 
party one : The like order shall bee, where any 
man shall improve land, against any Towne Com- 
mon ; provided, this order shall not extend to 
house lotts, not exceeding ten acres ; but, if in such, 
one shall improve, his neighbour shall be compella- 
ble to make and meinteine one halfe of the fence 
between them, whether he improve or not. 

Provided allso, that no man shall bee lyable to 
satisfie for dammage done in any ground not suffi- 
ciently fenced ; except it shall bee for dammage 
uone bv swyne under a veare old, or unruly Cattle, 



33 

tNhich will not be rcstreincd by ordinary ffences, or 
uhcre any man shall put his Catth', or otherwise 
\ r.hintarily trespass uppon his neii^hbours ground : 
And if tl^ partyc danwiitied lind the Cuttle darn- 
MKife-faisant, hee mnv impound or otherwise di=po.-e 
of them. (1)'_ 

CATTLIO TO Bi-: MARKED. 

Ffor the preventing of diflerences that may arise 
«^'C. in the owning of cattle, that bee lost or stray 
away : 

7^ is ordered hij this Courte, that the owners of 
any Cattle within this Jnrissdiction, shall earc 
niarkc or brand all theire Cattle and swyne, that 
are above ha'fe a y(?are old (except horses) and 
that they cause theire severall markes to bee regis- 
tred in the tow^ne booke ; and whatsoever cattle 
shall be found unmarked, after the lirst of Julv 
next, shall fortcitt live shillings a liead, whereof 
two shiliiuiis six[)ence to him that discovers it. and 
tile other to the countiy . 

COMMON FFEILDS 

1\ hcreas the condition of the^e severall plantations 
in these beginnings, wherein we are. is such, tfifrt 
necessity constraines to improve much of the 
ground belonging to the severall townes, in a 
common way. and it is observed, that the pub- 
lique and generall good (which ought to bee at- 
tended in all such improvements as arc most 

(1) At a sepr^ion of die General Court, iu October 165'2, 
it was declared and explained, that this order did not 
rearh tJie lamls on the east sido of the uroat liver. 



34 

proppcr to tliem, and may best advance the same 
receives much pi<Mii(1ice throiigli want of a pru- 
dent ordering and (hsposin^" of those severall 
common lands, so as may best eifect the same : 

// is ordered hy this Courte and autJiority there- 
of^ That eacli tovvne shall chuse from among them- 
selveSj five able and discreet men, whoe, by this 
order, have power given them, and are required, to 
take the common lands belonging to each of the 
severall tovvnes respectively, into serious and sadd 
consideration, and after a thorough disgesting of 
theire owne thoughts, sett downe under theire 
hands, in what way the said lands may, in theire 
judgments, bee best improved for the common good ; 
And whatsoever is decreed and determined by the 
saide five men in each towne, or any three of them, 
concerning the way of improvement of any such 
lands, shall bee attended by all sucli persons that 
have any propriety oi- interest in any such lands so 
judged. 

And whereas also, much dammage hath arisen, not 
onely from the unrulines of some kinde of cattle, 
but also from the weaknes and insufiiciency of 
many fences, whereby much variance and ditfer- 
cnce hath followed, which, if not prevented for 
the future, may bee very prejuditiall to the pub- 
lique peace ; 

// is likezvise, therefore ordered, that the said five 
men, so chosen, or at least, three of them, shall sett 
downe what fences shall bee made in. any common 
grounds, and after they are made, to cause the same 
to bee viewed, and to sett such fynes as they judg". 
meete, upon any as shall neglect, or not duely at- 



35 

tend llieiie order therein ; and what fences ar6 
made and judged sufficient by them, whatsoever 
dammage is done by hoggs or any other cattle, shall 
bee paid by the owners of the said cattle. And the 
severall townes shall have libberty once every 
yeare, to allter any three of the former five, and to 
make choyce of others in theire roome : It being 
provided, that any particular man or men shall have 
libberty to inclose any of theire perticular grounds, 
and improve them according to theire owne discre- 
tion, by mutuall agreement, notwithstanding this 
order. 

CAVEATS ENTRED. 

Whereas it appears, tbat divers, to defeat and 
defraud theire creditors, may secreetly and under 
hand, make bargaines and contracts of theire lands, 
lotts and accommodations, by means whereof, wiien 
the creditor thinkes hce hath a meanes. in due or- 
der of law, to declare against the said lands, lotts 
and accommodations, and so recover satisfaction 
for his debt, hee is wholly deluded and frustrated, 
which is contrar}^ to a righteous rule, that every 
man should pay his debt with his estate, bee it in 
what it will bee, either reall or personall : this 
courte taking it into consideration, doe order, sen- 
tence and decree, that if any creditor, for the fu- 
ture, doc suspect any debtor, that hee may prove 
non-solvent in his personall estate, hee may re- 
paire to the register or recorder of (he plantation 
where the lands, lotts or accommodations lyes, and 
enter a caveatt against the lands, lotts and accom- 
modations of the said debtor, and shall give to the 
said register or recorder foure pence for the entry 
thereof; and the said creditor or creditors shall take 



out summons against the said debtor, and m dire 
forme of law, the next perticular courte, either for 
the whole colony, or for the perticular plantation 
where the said lands, lotts or accommodations lyes, 
or the next courte ensuing, declare, against the said 
debtors lands, lotts and accommodations : And so 
if the creditor recover, hec may enter a judgement 
U])pon the s'lid lotls, lands and accommodations, and 
take out an extent against the said land, directed to 
a knowne oliicer, whoe may take two honest and 
safiicieiit men of the neighbours, to apprize the said 
lands, lotts, and accommodations, either to be sould 
out right, \i the debtor so require, or sett a reason- 
able rent uppoa the same, untill the debt bee paid, 
and deliver the possession thereof either to the 
creuTtor or creditors, his or theire assignee or as- 
signs, or any other ; and what sale or sales, lease or 
leases liie said officer makes, being orderly record- 
ed, according to former order of recording of lands, 
shall be as legall and bynding, to all intents and pur- 
poses, as though the debtor himselfe had done the 
same : Provided, that if the said debtor can then 
presently procure a chapman or tennunt that can 
give to the creditor or creditors, satisfaction to his 
or theire content, hee shall have the hrst refusing 
thereof: Allso it is declared, that hee which first 
enters caveatts as above said, and his debt being 
due at his entering the said caveatt, shall be first 
paid ; and so every creditor, as hee enters his ca- 
veatt, and his debt becomes due, shall bee orderly 
satisfied; unless it appears at the next courte, the 
debtors lands, lotts and accommodations prove in- 
sufficient to pay all his creditors, then every man 
to have a sutable proportion to his debt out of the 
same ; and yet notwithstanding every man io re- 
ceive his parte according to the entry of his cave- 



37 

alt ; yet this Is not to seclude any creditor to recov- 
er other satisfaction, either uppon the person or 
estate of the said debtor, according to lawc and 
customc of the colony: As allso, it is further de- 
creed, that what sale or bargaine soever, the debtor 
shall make concerning the said lotts, lands and 
nccommodations, after the entring of the said cavc- 
att, shall be voide as to defraude the said creditors. 

It is allso further explained and declared, That if 
the said debtor bee knowne to bee a non-solvent 
man before the lirst caveatt entied against the 
said lotts, lands and accommodations, and the same 
appeare at the next perticular courte, then the 
courte shall have power to call in all the creditors 
in a shorte time, and sett an equall and inditfercnt 
way how the creditors shall bee paid out of the said 
lotts, lands and accommodations ; otherwise, if the 
said debtor proovc insolvent after the first caveatt 
entrcd, then this order to be dulye observed ac- 
cording to the premisses, and true intent and mean- 
ing thereof. 

// is allso fartner declared, and explained, That 
the said recorder or register of the said caveatt 
jhall, the next perticular courte, as aforesaid, re- 
turne the said caveatts that are with him, at which 
time and courte, the cnterers of the said caveatts 
shall be called forth to prosecute the same the next 
perticular courte following; and if the enterer of 
the said caveatts fail to prosecute according to this 
order, the register or recorder of the said caveatt or 
caveatts, shall put a vacatte upon the said caveatt 
or caveatts, which shall be jnvalid or voide to hold 
tlie said lotts, lands and accommodations aforesaid* 



38 
DISSORDER IN COURTE. 

// is ordered hy this court e, that whosoever doth 
dissorderly speake privately, during the sitting ol 
the courte, with his neighbour, or two or three to- 
gether, shall presently pay twelve pence, if the, 
courte so thinke meett. 

SECREETS IN COURTE. 

li is ordered and decreed, That whatsoever meiii' 
berofthe generall courte, shall reveale anysecreett 
that the courte cnjoynes to be kept secreett, or shal 
make knowne to any person what any one member 
of the courte speakes concerning any person or 
business that may come into agitation, in the courte, 
shall forfeitt for every such fault, ten pounds, and 
bee otherwise dealt withall, at the discretion of the 
courte ; and the secretary is to read this order at 
the beginning of every generall courte. 

CHILDREN. 

Fforassmuch as the good education of children is of 
singular behoofe and benefit to any common- 
wealth ; and whereas many parents and masters 
are too indulgent and negligent of theire duty in, 
that kinde : 

It is therefore ordered by this courte^ and author- 
ity thereof. That the selectmen of every towne in 
the severall precincts and quarters where they dwell, 
shall have a vigilent eye over theire brethren 
and neighbours, to see, first, that none of them shall 
suffer so much barbarisme in any of their fam- 



S9 

lyes, as not to ii^dcavor to teach by themselves 
>rotliers, theire children aiul apprentices, so mnrli 
earning, as may inable them peifectly to read the 
English tongue, and knowledge of the caj)ifall lawes, 
ippon penalty of twenty shillings for each neglect 
herein; allso. that all masters of famiiyes, doe, 
)nce a week, at least, catechise theire chilldren and 
servants, in the grounds and principles of religion, 
md if any bee unable to doe so much, that then, at 
he least, they procure such children or apj^renti- 
:es to learne some shorte oithodox catechisme, 
<>ithout booke that they may bee able to answer to 
Ihe questions that shall bee propounded to them out 
of such catechismes by theire parents or masters, 
or any of the selectmen, where they shall call them 
to a tryall of what they have learned in this kinde ; 
and further, that all parents and masters doe breed 
and bring up theire ciiildren and apprentices in 
some honest lawfull calling, labour or imployn^cnt, 
either in husbandry or some other trade proffitable 
for themselves and the commonwealth, if thev will 
not nor cannott traine them np in l(>arnini:C, to 
iitt them for higher imployments ; and if any of 
the selectmen, after admonition by them given 
to such masters of fannlyes, shall finde them still 
negligent of theire duly, in the perticulais afore- 
mentioned, whereby children and servants become 
liide, stubborne and unruly, the said selectmen, 
with the* helpe of tuo magistrates, shall take sur'h 
children or apprentices from, them, and place them 
with some masters for years, boyes till they come 
to twenty-one, and girles eighteene years of age 
compleat, which will more strictly looke unto and 
force them to submitt unto governement. according 
to the rules of this order, if by faire meanes and 
former instructions thrv will not bee drawnc unto it. 



40 



CONS'J'ABLKs. 



7/ is fiirthfr ordered hij the auUiorilj/ aforesaid, that 
nny person tendered to nny eonstablc of this juriss- 
diclion, by any constable or oilier officer belonging 
to any iTbreinge Jnrissdiclion in this country, or hy 
warrant from any such aulliority. such shall present- 
ly bee received and conveyed forlhwith, from con- 
stable to constable, till they shall bee brought unto 
the place to whicb they are sent, or hefore some 
magistrate of this jurissdiction, whoe shall dispose 
of them, as the justice of the cause shall require : 
and that all hue and cryes shall be duely received 
and dilligently pursued to full effect. 

It is ordered by the aiithoritij of this Coiirte, That 
every constable within one jurissdiction shall, hence- 
forth, have full power to make, signe and put forth, 
persuits or hue and cryes, after murthers. malefac- 
tors, peaccbrcakers, theeves, robbers, burglarers, 
and other capitall offenders, where no magistrate is 
neare band ; allso, to apprel>end, without warrant, 
^ucli as are overtaken with drinke, swearing, sa- 
boath-brcaking, slighting the ordinances, lying, va- 
grant persons, night-walkers, or any other that shall 
offend in any of these: Provided, they bee taken 
in the manner, eifner oy sighte of the constable, or 
by present information from others; as allso, to, 
make search for all such persons, either on the sa- 
boath day, or other, when theire shall bee occasion, 
in all howses lycenced to sell either beare or wyne, 
or in any other suspected or dissordered places, 
and those to apprehend and keepe in safe custody, 
till opportunity serves to bring them before one 
of the next magistrates, for further examination : 
provided, that when a constable is imployed by any 



•11 

of the magistrates tor apprehending of any person, 
hee shall not doe it Avithout warrant in writing : and 
if any person shall refuse to assiste any constable 
in the execution of his ofiice, in any of the things 
aforementioned, being by him required thereto, 
they shall pay for neglect thereof, ten shillings i.. 
the use of the country, to bee levyed by warrant 
from any magistrate hefore whom any such ofTciul- 
or shall be brought; and if it appeare, by good tes- 
timony, that any shall willfnlly, oi)stina{ely or con- 
temptuously, refuse or neglect to a?siste any consta- 
ble, as is before expressed, hee shall pay to the use 
of the country, forty shillings; and if any magistral* 
or constable, or any other, uppon urgent occasion.-, 
shall refuse to doe their best indeavor in raising 
and prosecuting hue ond cryes, by foott, and if need 
bee, by horse, after such as have committed capitall 
crimes, they shall forfeiit, for the use aforesaid, for 
every such offence, forty sliiliings. 

And it is all so ordered. That the constables in 
each towne, shall be chosen from yea re to yea re, 
before the first of March, and sworne to that oflicc' 
the next courtc following, or hy some magistrate or 
magistrates. 

CONVEYANCES FRAUDULENT. 

If. is ordered hy this Courie, and authority thereof. 
That all covenous or fraudulent alienations or con- 
veyances of lands, tenements or any hereditament.-, 
sTiall bee of no validity to defeat any man from dut- 
debts or legacyes, or from any just title, clayme or 
jwssession of that which is so fraudulently convey- 
ed ; and that no conveyance, deed or promise 
whatsoever, shall bee of validity, if it bee gotten 
by illegal violence, imprisonment, threatening, or 
any kind of forcible compulsion, railed dnres. 



•4t» 



CRUELTY. 



It is ordered 



^y this Courte, and authoriti/ thereof, 
That no man shall exercise any tiranny or cruelty 
towards any brute creatures, which are usually kept 
for the use of man. 

DAMMAGES PRETENDED. 

It is ordered hy this Coiirle, That no man in any 
sute or action against another, shall falsely pretend 
great dammages or debts, to vexe his adversary ; and 
if it shall appeare any doth so, the Courte shall 
have power to sett a reasonable fyne on his head. 

DEATH UNTIMELY. 

// IS ordered hy this Courte and authority thereof. 
That whensoever any person shall come to any 
very sudden, untimely or unnaturall death, some 
magistrate, or the constable of that towne, shall 
forthwith summon a jury of sixe or twelve discreet 
men to inquire of the cause and manner of theire 
death, whoe shall present a true verdict thereof, 
unto some neare magistrate, uppon theire oath. 

DELINQUENTS. 

It is ordered, That all persons hereafter Commit- 
ted uppon delinquency, shall beare the charges the 
country shall bee at in the prosecution of them 
and shall pay to the master of the prison or howse 
of correction, two shillings six pence, before hee 
bee freed therefrom. Vide execution upon dehn 
quents. 



43 

ECLESEASTICALL. 

Fibrasmuch, as the open contempt of Gods word, 
and messengers thereof, is the desolating sinne of 
civill states and churches, and that the preaching 
of the word by those whome God doth send, is 
the cheife ordinary meancs ordained by God, for 
the converting, cdefying and saving the soules of 
the elect, through the presence and power of the 
Holy Ghost thereunto promised; and that the 
ministry of the word is sett up by God in his 
churches for those holy ends ; and according to 
the respect or contempt of the same, and of those 
whome God hath sett aparte for his owne worke 
and imployment, the weale or woe of all chris- 
tian states, is much furthered and promoted : 

It is therefore ordered and decreed, That if any 
christian, so called, within this jurissdiction, shall 
contemptuously beare himselfe towards the word 
preached, or the messengers that are called to dis- 
pense the same in any congregation, when hee doth 
faithfully execute his service, and office therein, ac- 
cording to the will and word of God, cither by in- 
terrupting him in his preaching, or by charging him 
falsely with an error, wiiich hee hath not taught, in 
the open face of the church, or like a sonne of Ko- 
rah, cast uppon his true doctrine, or himselfe, any 
reproach to the dishonor of the Lord Jesus, whoe 
hath sent him, and to the disparagement of that his 
holy ordinance, and making Gods wayes contempt- 
'•)lc and rediculous, that every such person or per- 
sons, wiiatsoever censure the church may passe, 
shall, for the first scandall bee con vented and re- 
proved openly, by the magistrates, at some lecture, 



44 
and bound to their good behaviour : And if a se- 
cond time they breake forth into the hke contempt- 
uous carriages, thej shall either pay five pounds to 
the publique treasure, or stand two houres openly, 
uppon a block or stoole foure foott high, uppon a 
lecture day, with a paper fixed on his breast wTit- 
ten with capital letters, an- open and obstinate 

CONTEMNER OF GODS HOLY ORDINANCES, that OtllCrS 

may fear6 and bee ashamed of breaking out into the 
like wickedness. 

// is ordered and decreed hi/ this Courte, and an- 
thoriti/ thereof , That wheresoever the ministery of the 
word, is established, according to the order of the 
gospeil, throughout this jurissdiction, every person 
shall duely resorte and attend thereunto respective- 
ly, uppon the Lords day, and uppon such publique 
fast days, and dayes of thanksgiving, as are to bee ge- 
nerally kept by the appointment of authority ; And if 
any person within tliis jurisdiction sliall^ without just 
and necessary cause, withdraw himselfe from hearing 
the publique ministry of the word, after due meanes 
of conviction used, hee shall forfeitt for his absence, 
from every such publique meeting, five shillings : 
All such offences to bee heard and determined by 
any one magistrate, or more, from time to time. 



Fforasmuch, as the peace and prosperity of church- 
es, and members thereof, as well as civill rights 
and libberties, are carefully to bee maintained ; 

It is ordered ht/ this Courfe and decreed. That the 
civill authority heere established, hath power and 
libberty to see the peace, ordinances and rules of 
Christe, bee observed in every church, according 
to [lis word : As ailso. to deale with anv church 



member, in a way of civill justice, notwitlislanding 
any church relation, office or interest, so it bee 
(lone in a civill, and not in an ecleseasticall way, 
nor shall any church censure degrade or depose any 
man from any civill dignitye, office or authority hec 
shall have in the commonwealtli, 

ESCHEATS. 

// is ordered hy this Coiirle and authority thereof, 
That where no heire or owner of howses, lands, ten- 
ements, goods or chattells, can bee found, they shall 
bee seized to the publiquc treasury, till such heirs 
or owners shall make due claymc thereunto ; unto 
whome they shall bee restored uppon just and reas- 
onable termes, 

EXECUTJONS. 

Whereas by reason of the great scarcity of mony, 
execution being taken of scvcrall persons goods, 
that have been sould at very cheape rates, to the 
extreme dammage of the dcl)tor : 

// is therefore ordered. That whatsoever execu- 
tion shall bee grauntcd uppon any delfts made after 
the publishing of this order, the creditor shall make 
choyce of one partye, the debtor of a second, and 
the courte of a thirde, who shall prise the goods so 
taken uppon execution aforesaid, and deliver them 
to the creditor. 

EXECUTION UPPON DELINQUENTS. 

It is ordered. That the governor, or any othei 
magistrate in this jurissdiction. shall liavc libberty 



46 

and power to call forth any person that hath beene ~ 
pubHquely corrected for any misbehavior, to doe 
execution uppon any person or persons, by whip- 
ping or otherwise ; and that at any time hereafter, 
as occassion doth require, and in case of defect or 
want of such, any other person, as hee or they shall 
thinke meete. 

FFENCES. 

Ffor the preventing of differences that may arise, in 
making or setting downe of fences, as ^vell in 
meadow^s as up land ; 

It is ordered, That in the setting of posts and 
rayles, or hedges in the meadow and home lotts, 
there shall bee a libberty for either partye of twelve 
inches from the dividend lyne, for breaking of the 
ground to sett the posts on, for the laying on the 
hedges; but the stakes and postes are to be sett in 
the devident lyne ; and in upland there is allowed a 
libbertye of foure foott for a ditch from the divi- 
dend lyne, ffor either of the bordering party es, 
where the proportion of ffences belongs unto them. 

FFYNES. 

It is ordered by this Courte, That the estreits for 
the levying of ffynes shall goe forth once every 
yeare. both in the townes on the river and by the 
sea side ; and that some officer in each place, shall 
bee appointed to levye and receive the same, and 
the accounts to bee given in by the severall plan- 
tations of theire generall charge, at the Courte in 
September, for the perfecting of the accounts be- 
twixt them ; Mr. Ludlow is desired to graunt out 
w^arrants for the ffvnes bv the sea side. 



FFYRE. 

h is ordered by this Court e and authority thf renf^ 
That whosoever shall kindle any (ire in llie woods 
or grounds lying in Common, or inclosed, so as the 
same shall rurm into such corne grounds or inclos- 
iires, before the tenth of the first month, or after 
the last of the second month, or on the last da} of 
the weeke, or on the Lords day, shall pay all dasn- 
m\ges and halfe so much, for a fyne, or if not able to 
pay, then to bee corporally punished by warrant 
from one magistrate, or more, as the oiience shall 
deserve, not exceeding twenty stripes for one of- 
fence ; provided that any man may kindle fyre up- 
pon his owne ground, at any time, so as no dam- 
mnge come thereby, either to Ihe country or any 
perticular person ; and whosoever shall wittingly 
and willingly burne or destroy any frame, timber, 
hewne, sawne, or riven, heapes of wood, charcoale, 
corne, hay, strawe, hampe, fflaxe, pitch or tarr, hee 
shall pay double dainmages. 

FFORGERTE. 

If. is ordered hy this Courie, and authority thereof. 
That if any person shall forge any debt, or con- 
veyance, testament, bond, bill, release, acquittance, 
letter of attorneye, or any writing to prevent equi- 
ty and justice, he shall stand in the pillorye three 
several! lecture dayes, and render double damma- 
ges to the partye wronged ; and allso, bee disabled 
to give any evidence or verdict to anv Courte or 



48 

FFORNICATION. 

It is ordered by this Courle and authorily thereof, 
That if any man shall committ ibrnication, with any 
single woman, they shall bee punnished, either by 
injoyning to marriage, or fyne, or corporall punnish- 
ment, or all, or any these, as the Courte or ma- 
gistrates shall appoint, most agreeable to the word 
of God. 

GAMING. 

Uppon complaint of great disorder, by the use of 
the game called shuffle board, in howses of com- 
mon interteinement,^ whereby much precious 
time is spent unfruitfully, and much waste of wyne 
and bearc occasioned ; 

// is therefore, ordered and enacted by the authon 
ty of this Courte, That no person shall henceforth 
use the said game of shuffle board in any such howse. 
nor in any other howse, used as common for such 
purpose, uppon payne for every keeper of such 
howse, to forfeitt for every such offence, twenty 
shillings : And for every person playing at the said 
game in any such howse, to forfeitt for every such 
offence, five shillings ; the like penalty shall bee 
for playing in any place, at any unlawful! game. 

GUARDS AT MEETING. 

// IS ordered by this Courte, That there shall bee 
a guard of twenty men every sabbath and lecture- 
day, compleat in theire armes, in each several! 
tnwne uppon the river, and at Scabrooke andffarm- 



40 

ingtori eigUt a piece ; each towne uppon the sea 
side, in this jurissdiction, ten : and as the number of 
men increase in the townes, theire guardes are to 
increase : And if. is further ordered, that each man 
in tlie guards aforesaid, shall bee allowed halfe a 
pound of powder yearely. by theire several townes. 

HIGHEWAYES. 

Whereas the mainteining of high wayes, in a fitt 
posture for passage, according -to the severall oc- 
rassions that occure, is not onely necessary, for 
the comfort and safety of man and beast, but 
tends to the prollitt and advantage of any people, 
in the issue ; 

It is thought fitt and ordered, That each towne 
within this jurissdiction shall, ev^ery yeare, chuse 
one or two of theire inhabitants, as surveyors, to 
take care of, and oversee the mending and repair- 
ing of the highways within their severall townes 
respectively, who have hereby, power allowed 
them to call out the severall cartes or persons fitt 
for labour in each towne, two dayes at least, in 
each yeare, and so many more, as in his or theire 
judgements, shall bee found necessarry for the at- 
taming of the aforementioned end, to be directed ii. 
thcire worke by the said surveyor or surveyors , 
and it is left to his or theire libberties, either to re- 
quire the labour of the severall persons in any fam 
ilye, or of a teame and one person, where such arc, 
as hee finds most advantageous to the publique oc- 
cassions, hee or they giving at least three dayes no 
tice or warning beforehand, of such imployment , 
audif any refuse orneglect to attend the service in 
ny manner aforesaid, hee shall forfeit for everv 



days iiieglect of a mans worke, two shillings six 
pence, and of a teame, sixe shillings 5 which said' 
fynes shall bee imployed by the surveyors to hire I 
others to worke in the said w^ayes ; and the sur- 
veyors shall, within foure dayes after the severalL 
dayes appointed for worke, deliver in to some ma- 
gistrate, a true presentment of all such as have 
beene defective, with theire severall neglects, who 
are immediately to graunt a distress to the marshal! 
or constable, for the levying of the incurred forfeit- 
ure, by them to bee delivered to the surveyors, for 
the use aforesaid ; and if the surveyor neglect to 
performe the service hereby committed to him, 
either in not caUing out all the inhabitants in theiic 
severall proportions, as before, or shall not returne 
the names of those that are deficient, hee shall incurr 
the same penalty as those whome hee so passes by, 
are lyable to, by virtue of this order ; which shall 
bee imployed to the use aforesaid, and to bee levy- 
cd allso by distress, uppon information and proofe 
before any one magistrate. 

IDLENES. 

// is ordered hy this courte and aiithorih/ thereof^. 
That no person, howseholder, or other, shall spend 
his time idlely or unprotitably, under paine of such 
punnishment, as the courte shall thinke meete to in- 
flict, and for this end, it is ordered, that the consta- 
ble of every place, shall use speciall care and dilh- 
gence, to take knowledge of offenders in this kinde ; 
especially, of common coasters, unprofitable fow- 
lers, and tobacko takers, and present the same unto 
any magistrate, who shall have power to heare 
and determine the case, or transsfer it to the next 
courte 



INDIANS. 

It is ordered and decreed, That where any com- 
pany of Indians doe sitt downe neare any English 
plantations, that they shall declare who is theire 
Sachem or^ Cheife, and that the said Cheife or Sa- 
chem shall pay to the said English, such tresspasses 
as shall bee committed by any indian, in the saifl 
plantation adjoyning, either by spoyling or killing 
any cattle or swyne, either with trapps, doggs or 
arrowes ; and they are not to pleade, that it was 
done by strangers, unless they can produce the par- 
tye, and deliver him or his goods into the custody 
of the English ; and they shall pay the double dam- 
mage, if it were done voluntarily. -The like in- 
gagement this courte allso makes to them, in case 
of wrong or injurye done to them by the English ; 
which shall bee paid by the partye by whome it was 
done, if hee can bee made to appeare ; or other- 
wise, by the towne in w^hose limmits such facts are 
committed, 

Fforasmuch, as our lenity and gentlenes towards 
indians, hath made them growe bold and insolent 
to enter into English mens bowses and unadvis- 
edly handle swords, and peeces, and other in- 
struments, many times to the hazzard of limbs or 
lives of English or indians; and allso, oft steale 
diverse goods out of such bowses where thev 
resorte, for the preventing whereof, 

It is ordered, That whatsoever indian shall here- 
after, meddle with, or handle any English mans 
w<3apons of any sorte, either in theire bowses, or in 
Jie fcilds, they shall forfeitt for every such defaulte, 



52 

halfe a fathom of wampum ; and if anyhurte or iii- 
jurye shall thereuppon follow to any persons life or 
limbe, though accidcntall, they shall pay life for 
life, limbe for limbe, wound for 'wound ; and shall 
pay for the healing of such wounds, and other dam- 
mages : And for any t hinge they steale, they shall 
pay double, and suffer such further punnishment as 
the magistrates shall adjudge them. The constable 
of any towne may attache and arrest any indian that 
shall transsgress in any such kinde beforcmentioned, 
and bring them before some magistrate, who may 
execute the penalty of this order uppon offenders 
in any kinde, except life or limbe ; and any per- 
son that doth see such defaults, may prosecute, and 
shall have halfe the forfeiture. 

It is ordered hij this courte^ and authority thereof, 
That no man within this jurissdiction, shall directly, 
or indirectly, amend, repaire, or cause to be amend- 
ed or repared, any gunn, small or great, belonging to 
any indian, nor shall indeavor the same, nor shall sell 
nor give to any indian, directly or indirectly, any 
such gunn, nor any gunpowder or shott, or lead, or 
shott mould, or any millitary weapon or weapons, 
armor, or arrowe heads, nor shall sell nor barter, 
nor give any dogg or doggs, small or great, uppon 
paine often pounds fyne for every offence, at least, 
in any one of the aforementioned perticulars ; and 
the court shall have power to increase the fyne, or 
to impose corporall punnishment, where a fyne can- 
nott bee had, at theire discretion. 

And it is allso ordered^ That no person nor per- 
sons shall trade with them, at, or about theire wig- 
v/ams, but in theire vessells or pinnaces, or at theire 
owne howses, on penalty of twenty shillings for each 
default. 



Whereas it doth appeare, that notwithstanding the 
former lawes made against selling gunns and pow- 
der, to indians, they are yet supplied hy indirect 
means ; 

// is therefore ordered and decreed, That if any 
person, after publishing of this order, shall sell, bar- 
ter or transporte any gunns, powder, bullitts or 
lead, to any person inhabiting out of this jurissdic- 
tion, without license of this courte, or from some 
two magistrates, hee shall forfeitt for every gunn, 
ten pounds: for every pound of gun powder, five 
pounds ; for every pound of bullitts, or lead, forty 
shillings ; and so proportionably, for any greater or 
lesser quantity; provided notwithstanding, that is 
left to the judgement of the courte, that where any 
offence is committed against the said order, either 
to agravate or lessen the penalty, according as the 
nature of the oifence shall require. 

Wliereas diverse persons departe from amongst us. 
and take up theire abode witii the Indians, in a 
prophane course of life, for the preventing where- 
of ; 

Ft IS ordered. That whatsoever person or persons, 
ihat now inhabiteth, or shall inhabitt within this Ju- 
rissdiction. and shall departe from us, and settle or 
ioyne with the indians, that they shall suffer three 
rears isiprisonment, at least, in the howse of cor- 
rection ; and undergo such further censure, by fyne 
or corporall punnishment. as the perticular courte 
shall judge meete to inflict in such cases. 

^Miereas the ffrcnch. Dutch, and other forraigne 
nations doe ordinarilv trade irtmns. powder, shott. 



54 

Szc, with tiie indians, to our great prejudice, and 
the strengthening and animating of the indians 
against us, as by dayly experience we finde ; and 
whereas the aforesaid flrcnch, Dutch, &c. doe 
prohibitt all trade with the indians, within theire 
respective jurissdictions, under penalty of con- 
fiscation ; 

It is therefore, hereby ordered by this coiirle and 
authoriiy thereof. That after due publication here- 
of, it shall not bee lawful! for any iTrenchmen, Dutch- 
men, or person of any other forraigne nation, or any 
English living amongst them, or under the gov- 
ernment of them, or any of them, to trade with any 
indian or indians, within the limmits of this juriss- 
diction, either directlj^ or indirectly, by themselves 
or others, under penalty of confiscation of all such 
goods and vessells, as shall bee found so trading, or 
the due value thereof, uppon just proofe made of 
any goods, or any vessells so trading or traded : And 
it shall bee lawful for any person or persons inhab- 
iting within this jurissdiction, to make seizure of 
any such goods or vessells trading with the indians, 
as by this law is prohibited, the one halfe whereof 
shall bee to the propper use and benefitt of the 
partye seizing, and the other to the publique. 

This courte judging it necessary that some means 
should bee used to convey the light and knowledge 
of God and his worde to the indians and natives 
amongst us, doe order, that one of the teaching el- 
ders of the churches in this jurissdiction, v/ith the 
helpe of Thomas Staunton, shall bee desired, twise, 
at least, in every yeare, to goe amongst the neigh- 
bouring indians, and indeavour to make knov/ne to 
them, th-8 councelis of the Lord, asid thereby to 
draw and stirr tlicm u;> : to direct and order all 



theire wayes and conversations, according to the 
rule of his worde ; and Mr. Governor, and Mr. 
Deputy, and the other magistrates, are desired to 
take care to see the thinge attended, and with 
theire owne presence, so farre as may bee conven- 
ient, incourage the same. 

This courte having duly weighed the joint deter- 
mination and agreement of the commissioners of 
the United English colonyes, at New-Haven, of 
Amio 1646, in reference to the indians, and judg- 
ing it to bee both according to rules of prudence 
and righteousnes, doe fully assent thereunto, and 
order that it bee recorded amongst the acts of this 
courte, and attended iu future practice, as occas- 
sions may present and require ; The said conclu- 
sion is as follows : 

The commissioners seriously considering the ma- 
ny willfull wTongs and hostile practices of the in- 
dians, against the English, together with theire Jn- 
terteining, protecting and rescuing of otfenders, as- 
late our experience sheweth, which, if suflered, the 
peace of the colonyes cannot bee secured ; 

It is therefore concluded, that in such case, the 
magistrates of any of the jurissdictions, may, at the 
charge of the plaintiti^, send some convenient 
strenirht of EnLrlisli. and accordino; to the nature and 
value of the otFence and dammage, seize and bring 
away any of that plantation of indians that shall in- 
terteine, protect or rescue the otfendor, though hee 
should bee in another jurissdiction, when through 
distance of place, commission or direction cannott 
bee had, after notice and due warning given them, 
as actors, or at least, accessary to the injurye and 
dammage done to the Ejiglish ; onely women and 
children to bee sparin;;!y seized, un!t5> knowne to 
bee someway sjuillv : and b(M^ause it will be char2;e- 



. S3 



able keeping Indians in prison, and if they should 
escape, they arc, hke to prove more insolent and 
dangerous after. It was thought fitt. that uppon 
such seizure, the delinquent, or satisfaction bee a- 
gain demanded of the Sagamore, or plantation of In- 
dians guilty, or accessary, as before; and if it bee 
denyed, that then the magistrates of this jurissdic- 
tion, deliver up the indian seized by the partye or 
partyes endammaged, either to serve, or to bee 
shipped out and exchanged for neagers, as the case 
will Justly beare; and though the comissioners fore- 
see, that said severe, though just proceeding may 
provoke the indians to an unjust seizing of some oi 
ours, yet they could not, at present, find no better 
means to preserve the peace of the colonyes ; all 
the aforementioned outrages and insolences tending 
to an open warr ; onely they thought fitt, that before 
any such seizure bee made in any plantation of in- 
dians, the ensuing declaration bee published, and a 
coppye given to the perticular Saggamores. 

The commissioners for the United Colnoyes con- 
sidering how peace with righteousnes may bee 
preserved betwixt all the English, and the several! 
plantations of the indians, thoitght fitt to declare 
and publish, as they will doe no injurye to them, so 
if any indian or indians of what plantation soever, 
doe any willfull dammage to any of the English col- 
onyes, uppon proofe, they will in a peaceable way, 
require just satisfaction, according to the nature of 
the offence and dammage ; but if any Saggamore or 
plantation of indians, after notice and due warn- 
inge, interteine, hyde, protect, keepe, convey a- 
way, or further the escape of any such offendor or 
Oifendors, the English will- require satisfaction of 
such indian and Sag^^amoie, or indian plantation ; 
arid if thev denv it. thr^v wil riiriit themselves, as 



57 

thoy may, uppou such as so ineiiiteinc them that 
doe the wrong, keeping peace and all terme» of am- 
ity and agreement with all otlicr indians. 

INKEEPERS. 

Fforasmuch, as there is a necessary use of howscs 
of common interteinemcnt, in every common- 
wealth, and of such as retailc wine, beare and 
victualls ; yet, because there arc so many abuses 
of that lawfull libbcrty, both by persons intertein- 
ing, and persons interteined, there is allso need 
of strict lawes and rules to regulate such an im- 
ployment ; 

// is therefore ordered hy this Courte and authori- 
ty thereof That no person or persons licenced for 
common interteinment, shall suffer any to bee 
drunken, or drinke excessively, viz. above halfe a 
pinte of wyne, for one person, at one time, or to 
continue tipling above the space of halfe an houre, 
or at unreasonable times, or after nine of the clock 
at night, in or about any of theire bowses, on pen- 
alty of five shillings for every such offence ; and 
every person found drunken, viz. so that hee bee 
thereby bereaved or dissablcd in tlie use of his un- 
derstanding, appearing in his speech or gesture, in 
any of the said bowses or elsewhere, shall forfeitt 
ten shillings ; and for excessive drinking, three shil- 
lings foure pence : and for continuing above halfe 
an houre, tipling, two shillings six pence ; and for 
tipling at unseasonable times, or after nine o'clock 
at night, five shillings, for every offence in these 
perticulars, being lawfully convicted thereof; and 
for want of payment, such shall bee imprisoned un- 
till they pay. or bee sett in the storks, one houre or 



58 

more, in some open place, as the weather will per- 
mitt, not exceeding three houres at one time ; pro- 
vided, notwithstanding, such licensed persons may 
interteine seaffiring men or land travellers in the 
night season, when they come first on shoare, or from 
theire journeye, for Iheire necessary refreshment, or 
when they prepare for theire voyage orjournye the 
next day early, so bee no dissorder amongst them , 
and allso, strangers and other persons, in an order- 
ly way, may continue at such howses of com- 
mon interteinement during meal times, or uppon 
lawfull business, what time theire occassions shall 
require, 

Andit is allso ordered, That if any person offend in 
drunkenness, excessive or long drinking, the se- 
cond time, they shall pay double fynes ; and if 
they fail into the same offence the third time, 
they shall pay treble fynes and if the parties bee 
not able to pay theire fynes, then hee that is 
found drunken shall bee punnished by whipping, to 
the number of ten stripes ; and hee that offends 
})y excessive or long drinking, shall bee put into 
the stocks for three hours, when the weather may 
not hazzard his life or limbs ; and if they offend 
the fourth time, they shall bee imprisoned untill 
they put in two sufficient sureties for their good 
behovior. 

And it is further ordered. That the severall townes 
uppon the river, within this jurissdiction, shall pro- 
vide amongst themselves, in each towne, one suf- 
ficient inhabitant, to keepe an ordinary for provis- 
ion and lodging, in some comfortable manner, that 
passengers or strangers may know where to resorte ; 
and such inhabitants, as by the severall townes, 
shall bee chosen for the said service, shall bee 
presented to two magistrates, that they may judge 



69 

itiecte for that iinploymeiit ; and this to be eflfcct- 
ed by the severall townes within one month, under 
the penalty of forty shillings a month, for each 
month that either towne shall neglect the same. 

And it is allso further ordered., That every in- 
keeper or victuailer shall provide for interteine- 
ment of strangers horses, viz. one or more inclos- 
ures for summer, and hay and provender for win- 
ter, with convenient stable roome and attendance, 
under penalty of two shillings six pence for every 
dayes default, and double dammage to the partye 
thereby wronged, except it bee by inevitable acci- 
dent. 

Lastly, It is ordered by the authority aforesaid, 
That all constables may, and shall, from time to 
time, duely make search throughout the limmitts of 
theire townes, uppon Lords dayes and lecture 
dayes, in times of exercise ; and allso, at all other 
times, so oft as they shall see cause, for all offences 
and oiTendors against this law, in any the perticu- 
lars thereof ; and if uppon due information or com- 
plaint of any of theire inhabitants, or other credible 
i^ersons whether taverner, victualler, tabler, or oth- 
er, they shall refuse or neglect to make search as 
aforesaid, or shall not to theire power, performe all 
other thinges belonging to theire place or oHice of 
constableship, then uppon complaint and due proofe 
before any one magistrate, within three months af- 
ter such refusall or neglect, they ^hall bee fyned 
for every such otfence, ten shillings, to bee levied 
by the marshall, as in other cases, by warrant from 
such magistrate before whome they are convicted, 
or warrant from the Treasurer, uppon notice from 
such magistrate. 

It is ordered by this courte and authority thereof 
That no inkeeper,, victualer, wine drawer, or other, 



60 

shall deliver any wyne, nor suffer any to bee deliv- 
ered out of his howse to any which come for it, un- 
less they bring a note under the hand of some one 
master of some familye and allowed inhabitant of 
that towne ; neither shall sell or draw any hott wa- i 
ter to any, but in case of necessitye, and in such j 
moderation for quantity, as they have good grounds J 
to conceive it may not bee abused, and shall bee ,1 
ready to give an account of theire doings herein, . 
when they are called thereto, under censure of the ,! 
courte, in case of delinquency. 

INDITEMENTS. 

If any person shall bee indicted for any capitall 
crime, who is not then in durance, and shall refuse 
to render his person to some magistrate, within one 
month after three proclamations publiquely made 
in the town w^here bee usually abides, there being a 
month betwixt proclamation and proclamation, his 
lands and goods shall bee seized to the use of the 
common treasury, till hee make his lawfull appear- 
ance, and such withdrawing of himselfe, shall stand 
in stead of one wittness to prove his crime, unless 
hee can make it appeare to the courte, that hee was 
necessarily hindredi 

JURYES AND JURORS. 

It is ordered hy the authority of this courte, That 
in all cases which are entred, under forty shilhngs, 
the sute shall bee left to be tryed by the cohrte of 
magistrates, as they shall judge most agreeable to 
equity and righteousnes ; and in all cases that are 
tryed by juries, it is left to the magistrates to im- 
pannell a jury of sixe or twelve, as they shall judge 



Gl 

the nature of the case shall require : and if foure of 
sixe, or eight of twelve agree, the verdict shall bee 
deemed, to all intents and purposes, sufHcient and 
full ; uppon which, judgment may bee entred and 
execution granted^ as if they had all concurred ; but 
if it fall out, that there bee not such a concurrence, 
as is before mentioned, the jurors shall returne the 
case to the courte with theire reasons, and a spe- 
ciall verdict is to be drawne thereupon, tmd the vote 
of the greater number of magistrates shall carryethe 
same, and the judgment to bee entred, and other 
proceedings as in case of a verdict by a jury. 

Jnd it is further ordered, That the courte of ma- 
gistrates shall have libbertye, (if they do not fuide 
in theire judgements the jury to have attended the ' 
evidence given in, and true issue of the case in 
tlu'ire vei'dict) to cause them to returne to a second 
consideration thereof ; and if they still persist in 
theire former opinion, to the dissatisfaction of the 
courte, it shall bee in the power of the Courte, to 
impannell another jurye, and committ the conside- 
ration of the case to them : and it is allso left in 
the power of tlie courte to varye and alter the dam- 
mages given in by any jurye, as tiicy shall judge 
most equall and righteous ; provided, that what al- 
teration shall at any time bee made in that kinde. 
bee done in open courte, before piaintiif and de- 
fendant, or afhdavitt made, that they have beene 
required to bee present; and that alteration which 
is made, bee done either the same courte, or pro- 
vision made to secure the verdict of the jury, untill 
the case bee fully issued : And whereas many per- 
sons, after their sevei*all eauses in courte have 
beene tryed and issued, have slipt away, or other- 
wise neglected, if not refused, to pay the charges 
of the courte, according to order, for preventing 
6 



62 

thereof, for the future, it is ordered, that whosoever 
shall have any action or sute in Courte after pub- 
lishing hereof, shall, as soon as his cause is issued, 
pay the whole charges of the courte, that concernes 
either jury or secretary, before hec departs the 
same ; and the like allso shall bee done by all tho-e 
wdiose actions are not taken up and withdravvne 
before the sitting of the courte wherein they were 
to be tryed, or otherwise, for neglect or nonper- 
formance of either, bee committed to prison, there 
to remaine till hee or they have satisfied the same. 

GRAND JURY. 

It is ordered and decreed, That there shall be a 
grand jury of tv/elve or fourteen able men, warned 
to appear every courte, yearly, in September, or 
as many and oft as the Governor or courte shall 
thinke meete, to make presentment of the breaches 
of any lawes or orders, or any other missdeamean- 
ors they shall know of in this jurissdiction. 

LANDS. FREELANDS. 

It is ordered, and by this courte declared, That our 
lands and heritages, shall be free from all fynes and 
lycences uppon alienations ; and from all harriotts, 
wardships, liveries, primer seizins, yeare day and 
waste, escheats and forfeitures, uppon the death oi 
parents or ancestors, bee they naturall, unnatural!, 
casuall orjuditiall, and that forever. 

LEVYES. 

Fforasmuch as the marshalls and other officers, 
^ have complained to this courte, that they are of- 



t;.> 



leu times in great doubt how to demean them- 
selves in the execution of their ofliccs ; 

II is ordered hij the authoritij of this courte, That 
in case of fynes and assessments to bee leyyed, and 
uopon execution, in civill actions, the officer shall 
dcinand the same of the party, or at his howse and 
place of usuall aboade, and uppon refusall or non- 
payment, hee shall have power of calling the con- 
stable, if hee see cause for his assistance, to breake 
open the dore of any howse, chest, or place, where 
hee shall have notice that any goods lyable to such 
Jevye or execution, shall bee ; and if hee bee to 
take the person, hee may doe the like, if uppon de- 
maund, hee shall refuse to render himselfe ; and 
whatsoever charges the officer shall necessarily bee 
put unto uppon any such occassion, hee shall have 
power to levye the same, as hee doth the debt, 
fyne or execution ; and if the officer shall levye 
any such goods uppon execution, as cannot bee 
conveyed to the place where the party dwells, 
for whome such execution shall bee levyed, with- 
out considerable charge, hee shall levye the said 
charge allso with the execution : the like order 
shall bee observed in levyijig of fynes, provided, 
it sha^l not bee lawfull for such officer to levye 
any mans necessary bedding, apparrell, tooles or 
armes, neither implenjents of household, which 
ire for the necessary upholding of his lite ; but 
in such case, hee shall Icveye his land or per- 
son, according to law ; and in no case, shall the 
ollicer bee put to seeko out any mans estate fur- 
iiier then his place of aboade ; but if the party will 
not discover his goods or land, the officer may 
take his person. 

*4nd it is allso ordered and declared, That if any 



64 

officer shall doe injurye to any, by colour of his 
office, in these, or any other cases, hee shall bee 
lyable, iippon complaint of the party wronged, by 
action or infornnation, to make full restitution. — See 
Marshall, 

LYINGE. 

Whereas truth in words, as well as in actions, is re- 
quired of all men, especially, of christians, who 
are the professed servants of the Lord of truth ; 
and whereas all lying is contrary to truth, and 
some sortes of lyes are not only sinfull, as all lyes 
are, but allso, pernicious to the publique weal 
and injurious to perticular persons : 

It is therefore ordered by this courte, and authori 
ty thereof That every person of the age of dis- 
cretion, which is accounted fourteene yeares, who 
shall wittingly and willingly, make or publish any 
lye, which may bee pernicious to the publique weal, 
or tending to the dammage or injury of any pertic- 
ular person, to deceive and abuse the people with 
false news or reportes, and the same duly prooved 
in any courte, or before niiy one magistrate, who 
hath hereby power graunted, to heare and deter- 
mine all offences against this lawe, such persons 
shall bee fyned for the tirst otfence, ten shillings, 
or if the party bee unable to pay the same, then to 
bee sett in the stocks so long as the said courte or 
magistrate shall appointe, in some open place, not 
exceeding three houres ; for the second offence in 
that kinde, whereof any shall bee legally convicted, 
the summe of twenty shillings, or be whipped up- 
pon the naked body, not exceeding twenty stripes, 
and for the third offence that wav, fortv shillin2:s, 



or if the party bee unable to pay, then to bee whip* 
ped with more stripes, not exceeding thirtye ; and 
it^yett, any shall oflcnd in like kinde, and bee le- 
gally convicted thereof, such person, nnale or fe- 
male, shall bee fyned ten shillings at a time, more 
tlicn formerly, or if the party so ofTending, bee un- 
able to pay, then to be whipped with live or six 
stripes more then formerly, not exceeding forty at 
any time: And for all such as being under age of 
discretion, that shall offend in lyinge contrary to 
ibis order, theire parents or masters shall give them 
diic correction, and that in the presence of some 
olHcer, if any magistrate shall so appointe ; provid- 
ed allso, that no person shall bee barred of his just 
action of slander, or otherwise, by any proceeding 
uppon this order. 

MASTERS, SERVANTS, SOJOURNERS. 

// is ordered by this courte and aulJiority thereof, 
That no master of a family e shall give intertein- 
mcnt or habitation to any younge man to sojourne 
in his familye, but by the allowance of the inhabit- 
ants of the towne where he dwells, under the pen- 
alty of twenty shillings per week : And it is allso or- 
dered, That no young man that is neither married, 
nor hath any servant, nor is a publique officer, shall 
•kcepe howse by himselfe. without the consent of 
the towne, for, and under paine or penalty of twenty 
shillings a week. 

// is allso ordered by the av.ihoriiy aforesaid. That 
no servant, either man or maid, shall either give, 
sell or truck, any commodity whatsoever, without 
license from theire master, during the time of 
theire s.ervice, under paine of fyne or corporall 
punnishment. at the discretion of llic Courte. as 



66 

the offence shall deserve ; and that all workmen shall 
work the whole day. allowing convenient time for 
food and rest. 

It is allso ordered^ Tliat when any servants shall 
riinn from theire masters, or any other inhabitants 
shall privately goe away with suspicion of ill inten- 
tions, it shall bee lawfuU for the next magistrate, or 
the constable and two of the cheifest inhabitants, 
vrhere no magistrate is, to press men and boates or 
pinnaces, at the publique charge, to pursue such 
persons by sea or land, and bring them back, by 
force of armes. 

And whereas many stubborne, refractory and dis- 
contented servants and apprentices, withdraw 
themselves from theire masters services, to im- 
prove theire time to theire owne advantage, for 
the preventing whereof. 

It is ordered^ That whatsoever servant or appren- 
tice shall hereafter offend in that kinde, before theire 
covenants or terme of service are expired, shall serve 
theire said masters, as they shall be apprehended or 
retained, the treble term, or three fold time of theire 
absence in such kinde. 

MANSLAUGHTER. 

// is ordered by this court and authoriiy thereof^ 
That if any person in the just and necessary de- ^ 
fence of his life, or the life of any other, shall kill '" 
any person attempting to rob or rnurther in thev 
feilds or higheway, or to breake into any dwelling 
liowse, if hee conceive hee cannot with safety of 
his owne person, otherwise take the ffellon, or as- 
sailant, and bring him to tryall. hee shall be houlden 
])Iameless. 



MAGISTRATES. 

This courle being sensible of (he great dissorders 
growing in this commonweaUh, through the con- 
tempts cast uppon the civill authority which 
wilhng to prevent, 

Doe ordur and decree^ That whosoever shall 
lionceforth, openly or willingly, defame any courte 
of justice, or the sentences and proceedings of the 
same, or any of the magistrates or judges of any 
such courte, in respect of any act or sentence 
therein passed, and being thereof lawfully convict- 
ed in any generall courte, or courte of magistrates, 
shall bee punnished for the same, by fyne, impris- 
onmnent, disfranchisement, or bannishment, as the 
quality and measure of the offence shall deserve. 

MARRIAGE. 

fforasmuch as many persons intangle themselves 
with rashe and inconsiderate contracts for theire 
future joininge in marriage covenant, to the great 
trouble and greife of themselves and theire 
ffreinds, for the preventing thereof, 

It is ordered Inj the authorif)/ of this courte, That 
whosoever intends to joine themselves in marriage 
covenant, shall cause theire purpose of contract to 
bee published in some puhlicjue place, and at some 
publique meeting, in the severall tovrnes where 
such persons dwell, at the least, eight dayes before 
tliey enter into such contract, whereby they engage 
themselves each to other; and that they shall for- 
beare to joine in marriage covenant, at least eight 
davs after the said contract. 



i58 

Jnd it is allso ordered and declared^ That no per- 
son whatsoever, male or female, not being at his or 
her ovrne dispose, or that remaineth under the gov- 
ernment of parents, masters or guardians, or such 
like, shall either make or give interteinment to any 
motion or sute, in way of marriage, without the 
knowledge and consent of those they stand in such 
1 elation to, under the severe censure of the courte, 
in case of delinquency not attending this order ; nor 
shall any third persons intermeddle in making any 
motion to any such, without the knowledge and 
consent of those under whose government they 
are, under the same penalty. Marriages and Births* 
See Records, 

MARSHALL. 

It is ordered hy this courte, That the marshal! shall 
bee allowed for every execution hee serves, which 
IS under the summe of five pounds, two shillings six 
pence, and four pence for every myle hee goes to 
serve the said execution, out of the towne where 
hee liveth ; and for every execution hee serves, of, 
tDr above five pounds, and under the summe of ten 
pounds, hee shall bee allowed three shillings foure 
pence, and foure pence for every myle, as before ; 
and for every execution hee serves, of, or above the 
summe of ten pounds, hee shall bee allowed five 
shillings, and four pence for every myle, as before ; 
Allso, hee is to bee allow^ed his other just and ne- 
cessary charges; onely it is provided, (hat if hee 
bee excessive therein, uppon due complaint and 
proofs made, it shall bee redressed. 

And it is allso further ordered, That the marshall 
shall hee allowed for every altacliement hee serves, 
Jialfe so much as is before allowed him for execu* 



♦J9 

tions ; onely lice is lo have four pence lor every 
myle he goes to serve the aUachemcnt. as before. 

It is further ordered hjj ihis courte and author' 
iti/ thereof, That every ollicer that shall, at any 
time bee fyncci for the breach of any pocnall lawe, 
or other just cause, such person or persons so of- 
fending, shall forthwith pay his ortheire fync or 
penalty, or give in security speedily to do It, or 
else shall bee imprisoned, or kept to workc till it 
bee paid, that no loss may bee to the commoii- 
Avealth ; and what other fynes or debts are already 
diie, or shall bee due to the country, the marshal!, 
for the time being, uppon warrant from tlie Treas- 
urer, and according to his oath, shall bee faithfull in 
doing the duty of his place in levyinge and return- 
ing the same, uppon paine of forfeiting tv.o sliillings 
of his owne estate, for every pound, or else such 
fvne as any courte of justice shall impose on liim 
for his neglect. 

MEASURES AND VvTJGHTS. 

Fforasmuch as it is observed, that there aie diver- 
sitys of weights, yardes and measures an^ongst us, 
whereby dammages many times ensueth by com- 
li^ercc with scvcrall [)erson=, for the preventing 
whereof, 

It is now ordered, That no mrin within these lib- 
berties, shall, after tb.c publishing of this ordei', 
sell any commodityes, but by sealed weight or 
measure, under the penalty of twelve pence each 
default ; the clarke is to have a penny for seal- 
ing a weight or measure, each time ; and no weight 
or measure is to be accounted authentick that is 
not sealed or approved I)_v the Clark once every 



vcare, and the said ci;nk is to break or demolisii 
such weights, yardcs or measures as aj-e defective. J"-! 

MILIJTARV AFFAIRES. V 

Jt is ordered, and hij this coiirte declared, Tliat all 
persons that are above the age of sixteene yeares, 
except magistrates and church oHicers, shall beare 
arms, unless they have, uppon just occassion, ex- 
emption graunted by the courte ; and every male 
person within this jurissdiction, above the said 
age, shall have in continuall readines, a good mus- 
kitt or other gunn, fitt for service, and allowed by 
the dark of the band, with a sword, rest and ban- 
daleers, or other serviceable provision in the 
roome thereof, where such cannott bee had ; as 
allso such other milhtary provision of powder, 
match and bullitts as the lawe requires ; and if 
any person who is to provide amies or ammu- 
nition, cannot purchase ihem by such means as 
he hath, hee shall bring to the dark so much 
corne or other merchantable goods, as by apprize- 
ment of the said dark and two others of the com- 
pany, (whereof one to bee chosen by the party, and 
{he other hy the clarke.) as shall be judged of a 
uiealer value hy a tifth parte, then such armes or 
ammunition is of, hee sliall bee excused of the pen- 
alty for want of armes, (but not tor want of appeai- 
ancc) untill hee bee provided; and the dark shall 
iiideavour to furnish him so soon as may bee, 
by sale of such goods so deposited, rendering the 
overplus to the partye : But i.f any person shall not 
bee able to provide himselfe armes or ammunition 
through meere poverty, if hee bee single, hee shall 
bee put to service by some magistrate, and the con- 
stable shall appoint him armes and ammunition, and 



shall appointe him where, and with whoiiie to eain 

out. 

And it is ordered^ That all the souldgcrs within 
Jiis jurissdiction shall hee trained, at least, six times 
vearcly, in the montlis ot' March, April), May, Sep- 
tember, October or Novcml)er, l)y the appoint- 
ment of the captaine or clieife oQicer in the seve- 
rall towncs : and the times of theire meeting to- 
gether shall bee at eight of the clock in the morn- 
inge : And the clarke of each band, shall twise ev- 
ery yeare, at least, view^ the armes and ammunition 
of the band, to see if they bee all accordinge to 
^awe; and shall uppon every traininge day, give 
his attendance in the feild every day, (except hee 
hath speciall leave from his captaine or cheife offi- 
cer,) to call over the rolle of the souldgers, and 
ake notice of any defect by theire absence or oth- 
erwise ; And hee shall duely present to the Gover- 
nor, or some of the magistrates, all defects in armes 
or ammunition, at least once in each ^eare, and of- 
tener, if it bee required. And it is left to the judge- 
ment of the magistrates to punish all defects in that 
kinde, according to the nature of the offence, 
wherein due regard is to bee had of willtuU neg- 
lects in any, that such may not pass w ithout a se- 
vere censure : And wdiosoever shall bee absent any 
of the days appointed for traininge, after the houre 
appointed, or shall not continue the whole time, 
shall forfeitt the summe of two shillings six pence, 
for every default, except such as are licensed under 
the hand of two magistrates ; The dark of the 
severall bands are to distreine the delinquents 
within fourteene days after the forfeiture, whereof 
six pence shall bee to himselfe, and the remainder 
for the maintenance of drums, cullers, <fcc. And if 
any of the said clarks shall omitte to distreine any 



delinquenls above llso said tcrme of fonrteene dayc-- 
hec shall forfeitt and })ay to the use of the publique^ 
double the fjne so neglected by him. 

It {s ordered, That the souldgcrs shall onely make 
choyce of theire inillitary officers, and present 
them to (he perticiilar courte ; but such onely shall 
bee deemed oilicers, as the courte shall confirmc. 

The stale and condition of the place where we 
live, by reason of the indians and otherwise, re- 
quires all due means to bee used for the preserva- 
tion, the safety and peace of the same ; this courte 
judgeth it necessary that there should bee a maga- 
zine of powder and shott provided and meinteined 
in the country in each towne within this jurissdic- 
t\on, Arid do therefore order and decree, ihixi there 
shall bee two barrills of powder, and six hundred 
weight of lead provided by this commonwealth, be- 
fore the generail courte in September next, which 
shall be meinteined and continued and accounted as 
the country stock. 

A7id it is allso further ordered, that the several! 
townes in this jurissdiction shall provide and mein- 
teine as followeth, viz. 

Wyndsor, one barriil and halfe of powder, foure 
hundred and fifty pound of lead, one hundred fath- 
om of match, and nine cotton coates or corseletts, 
and serviceable pikes to either of them. 

Hartford, two barrills of powder, six hundred 
weight of lead, and six score fathom of match, and 
twenty cotton coates or corseletts, wuth serviceable 
pikes to either of them. 

Weathersfeild, one barriil of powder, three hun- 
dred weight of lead, eighty fathom of match, and 
eight cotton coates or corseletts, with serviceable 
pikes to either of them. 

Seabrook, halfe a barriil of powder, one hundred 



73 

and fifty pound of Jcad, forly fathom of match, and 
three cotton coates or corseletts, with serviceable 
pikes to either of thenri. 

flarmington, the same, in each perticular with 
Scabrook. 

iiairefeild and Strattford, in each towne, one bar- 
rill of powder, three hundred weight of lead, one 
hundred fathom of match, and six coates or corse- 
letts, with serviceable pikes to either of them. 

Southhampton and Pequett, in each towne, halfe 
barrill of powder, one hundred and fifty pounds of 
lead, forty fathom of match, with three cotton coates 
or corseletts, with serviceable pikes to either of them. 
Each towne allso, shall provide so many tirelocke 
muskitts, and good back swords or cutlasses, as the 
the corseletts are they are chaiged with by this or- 
der: All which shall bee provided by the severall 
townes, by the courte in September next, and mein- 
teined constantly for the future, uppon the penalt}^ 
often shillings per month, for each townes defect or 
neglect herein. 

Allso^ it is further ordered^ That every male per- 
son within this jiirissdiction, that is above the age 
of sixteene yeares, whether magistrates, ministers, 
or any other (though exempted from training, 
watching and warding) shall bee always provided 
with, and have in readines, by them, halfe a pound 
of powder, two pound of serviceable bullitts, or 
shott, and two fathom of match to every match- 
lock, uppon the penalty of five shillings a month, 
for each persons default herein; provided notwith- 
standing, that if the proportions of powder laid up- 
pon each towne and person, either doth not at pres- 
ent, or shall not, by reason of the increase of theire 
numbers, for the future, amount in all to three 
pound of powder for every souldger, then each 



74 

lowne shall, uppon the former penally, provide so 
much more, as shall bee three pound of powder for 
a souldger, and other provision of lead, &;c. increase 
in each tov^^ne, according to the same proportion. 

Whereas many inconveniences doe appeare by 
reason that the severall soiildgers of the trained 
bands in each towne within this jurissdiction, 
have not been allowed some powder uppon theire 
training dayes, for theire practice and exercise 
in theire severall firings : 

It is ordered hy the authority of this courte, That 
there shall bee allowed to every souldger in the 
severall trained bands in each towne, as aforesaid, 
halfe a pound of powder a piece, for a yeare, and so 
from yeare to yeare, for the future, to bee provided 
by, and at, the propper costs and charges of the 
masters and governors of each family unto which 
the said souldgers doe belong, to bee called forth, 
improved and disposed of, at the discretion of the 
captaine, or other principall leaders in each train- 
ed bands. 

// is allso ordered^ That the captaines, leiften- 
nants and ensignes, shall bee freed from watching 
and warding, and the Serjeants from warding and 
halfe theire watch. 

MINISTERS MEINTENANCE. 

Whereas the most considerable persons in the 
land came into these partes of America, that they 
might enjoye Ghriste, in his ordinances, without dis- 
turbance ; and whereas, amongst many other pre- 
tious meanes, the ordinances have beene, and are 
dispensed amongst us, with much purity and pow- 



75 

cr, they tooke it into their serious consideration, 
that a due meintenance according to God, might 
bee provided and settled, both for the present and 
future, for the incouragemcnt of the ministers 
worke therein ; and doe order, tliat those who are 
taught in the word, in the severali plantations, bee 
called together, that every man voluntarily sett 
downe what hee is willing to allow to that end and 
use ; and if any man refuse to pay a meete propor- 
tion, that then hee bee rated by authority, in some 
just and equall way ; and if after this, any man with- 
hold or delay due payment, the civill power to be 
exercised as in other just debts. 

OATHS. 

I A. W. now chosen to be Governor within this 
jurissdiction, for this yeare ensuing, and untill a 
new bee chosen, doe sweare by the great and 
dreadfull name of the everlasting God, to promoate 
the publique good and peace of the same, accord- 
ing to the best of my skill ; as allso, will meinteine 
the lawfull priviledges of this commonwealth ; as 
allso, that all wholesome lawes, that are or shall 
bee made by lawfull authority, here established, 
bee duly executed, and will further the execution 
of justice, according to the rule of Gods word ; so 
helpe mee God, in the name of the Lord Jesus 
Christe. 

I N. W. being chosen a magistrate within this 
jurissdiction, for the yeare ensuing, do sweare, by 
the great and dreadfull name of the everlasting 
God, to promoate the publique good and peace of the 
game, according to the best of my skill ; and allso, 
that I will meinteine all the lawfull priviledges 
thereof, according to my understanding, as allso, to 



assiste in tlse execution of all such wholesome lawes 
as are made, or shfill be made hy lawfull authority, 
here established, and further the execution of jus- 
tice for the time aforesaid, according to the right- 
eous rule of Gods worde : So help me God. 

I A. B. doe sweare by the great and dreadfull 
irame of the everhving God, that for the yeare en- 
suing, and until a new bee chosen, I will faithful- 
ly execute the place ajid office of a constable, for, 
and within, the plantation of W. and the limmitts 
thereof; and thnt 1 will indeavour to preserve the 
publique peace of the saide place and commonwealth, 
and will doe my best indeavour to see all watches 
and wardes executed, and to obey and execute all 
lawfull commands or warrants that come from any 
magistrate, magistrates or courte ; so helpe mee 
God, in the Lord Jesus Christe. 

I A. B. being by the providence of God, an in- 
habitant within the jurissdiction of Connecticutt, 
being to bee made free, doe acknowledge myselfe 
to bee subject to the governement thereof, and doe 
sweare by the great and fearful! name of the ever- 
living God, to bee true and faithfull unto the same, 
and doe submitt both my person and estate thereun- 
to, according to all the wholesome lawes and orders 
that there are, or hereafter shall bee there made and 
established by lawfull authority; and that I will 
neither plott nor practice any evill against the same, 
nor consent to any that shall so doe, but will timely 
disscover the same to lawfull authority there estab- 
lished ; and that I wMll, as in duty I am bound, 
meinteine the honor of the same, and of the lawfull 
magistrates thereof, promoating the publique good 
of it, whilst I shall so continue an inhabitant there ; 
and whensoever I shall give my voate or suffrage 
touching any matter which concerns this common 



wealth, being called thereunto, will give it as in my 
conscience I shall judge may conduce to the best 
good of the same, without respect of persons, or 
favour of any man : So helpe me God, in our Lord 
Jesus Christe. 

You sweare, that you A. B. shall duely try the 
cause or causes now to bee given you in charge, 
between the plaintiff and defendant, or plaintifls and 
defendants, according to your evidence given in 
courte, and accordingly, a true verdict give ; your 
owne counsells and your fellowes, you shall duely 
keepe, you shall speake nothing to any one of 
the buisiness and matters in hand, but among your- 
selves, nor shall you suffer any to speake unto you 
about the same, but in courte, and when you are 
agreed of any verdict, you shall keepe it secreet, 
till you deliver it up in courte : So helpe you God, 
in our Lord Jesus Christe. 

You doe sweare by the great and dreadfull name 
of the everlasting God, that for this yeare ensuing, 
and untill new bee chosen, you shall faithfully exe- 
cute the place and office you are chosen unto, ac- 
cording to the extent of your comission : So helpe 
you God in the name of the Lord Jesus Christe. 
(Note — The preceding form of oath was prescribed 
for commissioners.) 

A. B. you being chosen secretary for this juriss- 
diction, during this yeare, doe sweare by the groat 
name of God, that you shall keepe the secrects of 
the courte, and shall carefully execute the place 
of a secretary, and shall truly and faithfully record 
all orders of the courte, and shall deliver true copies 
and certificates when they shall bee necessarily re- 
quired : So helpe you God, in our Lord Jesus 
Christe. 

You doe sweare by the great and dreadfull name 



of God, that you will with all due care and faith- 
fullnes, make presentment according to order, at 
the quarter courte in September next, such misde- 
meanors and transgressions of the lawes and orders 
of this commonwealth, as shall come to your cog- 
nisance, as allso, to doe your indeavours to finde 
out such things as are contrary to religion and 
peace : So helpe you God, in our Lord Jesus Christe. 
(Note — This form of oath was prescribed for Grand* 
jurors.) 

PEAGE. 

It is ordered by this courte and decreed, That no 
peage, white or black, bee paid or received, but 
what is strunge, and in some measure, strunge suta- 
bly, and not small and great, uncomely and disor- 
derly mixt, as formerly it hath beene. 

POORE. 

// is ordered by this courte and authority thereof , 
That the courte of magistrates shall have power to 
determine all differences about lawfull settling, and 
providing for pore persons, and shall have power to 
dispose of all unsetled persons, into such townes as 
they shall judge to bee most fitt, for the maintenance 
and imployment of such persons and familyes, for the 
ease of the countrye. 

POUND, POUND-BREACH. 

Ffor prevention and due recompence of dammage 
in eornefeilds and other inclosures, done by sw^yne 
and cattle : 

/I is ordered by this Courte and Authority thereof^ , 



79 

that there shall bee one sufficient pound, or more, 
made and meinteined in every towne and village 
within this jurissdiction, for the impounding of all 
such swyne and cattle as shall bee found in any 
cornefeild, or other inclosure ; and whosoever im- 
pt>unds any swyne or cattle, shall give present no- 
tice to the owners, if hee bee knowne, or otherwise, 
they shall be cryed at the two next lectures or 
markitts ; and if swyne or cattle escape out of the 
pound, the owner, if knowne, shall pay all damma- 
ges according to lawe. 

And whereas impounding of ccittle, in case of tress- 
passes, hath beene alwayes found both needfull 
and profitable, and all the breaches about the 
same, very offensive and injurious : 

// is therefore ordered hy this Courte and authori' 
ty thereof, That if any person shall resiste or rescue 
any cattle going to the pound, or shall, by any way 
or meanes, convey them out of pound, or custody 
of the lawe, whereby the party wronged, may lose 
his dammage, and the lawe bee deluded, that in 
case of meere rrescues, the party offending, shall 
forfeitt to the treasure, forty shillings ; and in case 
of pound breach, five pounds, and shall allso, pay 
all dammages to the party wronged ; and if in the 
rescue, any bodily harmes bee done to the person 
of any man, or other, they shall have remedye 
against the rescuers ; and if either bee done by any 
not of abilitye to answer the dammage and forfeitt 
aforesaid, they shall bee bodily whipped by war- 
rant from any magistrate before whome the of- 
fender is convicted, in the towne or plantation where 
the offence was committed, not exceeding twenty 
stripes for the meere rescues or pound breach, and 



80 

for all dammages to the party, they shall satisfie by 
service, as in case of theft; and if it appear, there 
were any procurement of the owner of the cattle, 
thereunto, and that they were abettors, they shall 
all pay forfeitures and damnnages, as if themselves 
had done it. 

PROFANE SWEARING. 

It is ordered, and by this Courts decreed. That if 
any person within this jurissdiction shall sweare 
rashly and vainely, either by the holy name of 
God, or any other oath, and shall sinfully and 
wickedly curse any, hee shall forfeitt to the com- 
mon treasure, for every such severe offence, 
ten shillings : And it shall bee in the power of 
any magistrate, by warrant to the constable, to 
call such persons before him, and uppon just proofe 
to pass a sentence, and lev^ye the said penalty, ac- 
cording to the usual order of justice ; and if such 
persons bee not able, or shall utterly refuse to pay 
the aforesaid fyne, hee shall bee committed to the 
stocks, there to continue, not exceeding three hours, 
and not less than one lioure. 

RATES. 

It is ordered hy this Courte and authority there', 
of, That every inhabitant shall henceforth contrib- 
ute to all charecs, both in church and common- 
wealth, whereof hee doth or may receive benefitt ; 
and every such inhabitant who shall not voluntarily 
contribute proporlionably to his ability with the | 
rest of the same towne, to all common charges, both ' 
civill and ecleseasticall, shall bee compelled there- | 
unto by assessments and distress, to be levyed by the | 
constable or other oflirerof the towne, as in other f 



81 

cases ; and that the lands and estates of all men, 
whereever they dwell, shall be rated for all towne 
charges, both civill and eclesiasticall, as aforesaid, 
where the lands and estates shall lye, and theire per- 
sons where they dwell. 

Ffor a more equall and ready way of raising meanes 
of defraying of publique charges in time to come, 
and for preventing such inconveniences as have 
fallen out uppou former assessments ; 

It is ordered and enacted hy the authority of this 
Courie, that the treasurer for the time being, shall 
from yeare to yeare, in the first month, without ex- 
pecting any other order, send forth his warrant to 
the constables of every towne within this jurissdic- 
tion, requiring the constable to call together the 
inhabitants of the towne, whoe being so assembled, 
shall chuse three or four of theire able inhabitants 
whereof, one to bee a commissioner for the towne, 
who shall some time or times in the sixth month 
then next ensuing, make a list of all the male per- 
sons in the same towne, from sixteene yeares old 
and upwards, and a true estimation of all personall 
and real! estates being, or reputed to bee, the estate 
of all and every the persons in the same towne, or 
otherwise under theire custody or managing, accord- 
ing to just valuation, and to what persons the same 
belong, whether in theire owne towne or other- 
where, as neare as tliey can, by all lawfull wayes 
nul meanes, which they may use, viz. of howses. 
iinds of all sortes. as well unbroken up as other, 
^xcept such as doth or shall lye common for free 
(Tod of cattle to the use of the inhabitants in gene- 
all, whether belonging to townes or pcrticular per- 
ODS, but not to bee kept or bearded uppon it to the 
lammage of the proprietors, mills, shipps. and all 



small vesseljs, merchantable goods, cranes, wharfes, 
and all sortes of cattle, and all other knowne estate 
whatsoever; as allso, all visible estate, either at sea, 
or on shoare ; all which persons and estates, are by 
the said commissioners and selectmen, to bee as- 
sessed and rated, as here followeth, viz. every per- 
son aforesaid, except magistrates and elders of the 
churches, two shillings sixpence by the head, and 
all estates both reall and personall, at one penny for 
every twenty shillings, according to the rates of 
cattle hereafter mentioned ; and for a more cer- 
taine rule in rating of cattle, every cowe of foure 
yeare old and upward,- shall bee valued at five 
pounds, every heifer and steare between three and 
foure yeare old, foure pounds, and between two and 
three yeare old fifty shillings ; and between one and 
two yeare old, thirty shillings ; every oxe and bull 
of foure yeare old and upwards, six pounds ; every 
horse and mare of foure yeare old and upwards, 
twelve pound, of three yeare old, eight pounds, 
betweene two and three yeares old, five pounds, of 
one yeare old, three pounds ; every sheepe of one ; 
yeare old thirty shillings ; every goate above one 
yeare old eight shillings ; every swyne above one '. 
yeare old, twenty shillings ; and all cattle of all f 
sortes, under a yeare old, are hereby exempted ; as ii 
allso, all hay and corne in the husbandmans hand, [ 
because all meadow, earable ground, and cattle are 
rateable as aforesaid. And for all such persons as 
by the advantage of theire artes and trades are 
more able to helpe beare the publique charge, then 
common labourers, and workmen, as butchers, ba- 
kers, bruers, victuallers, smiths, carpenters taylors, 
shoemakers joiners, barbers, millers and masons, 
with all other manuall persons and artists, such are f 
to be rated for theire returnes and gaines propor- < 
tionably unto other men for the produce of theire 



83 

estates ; provided, that in the rate Ly tlic polls, such 
persons as are disabled by sickness, lameness, or 
other infirmities, shall be exempted ; and for such 
servants and children as take not wages, theire pa- 
rents and masters shall pay for them, but such as take 
wages shall pay for themselves. 

And it 19 further ordered^ That the commissioners 
for the severall townes uppon this river, shall yeare- 
ly meet uppon the third Thursday in the sixth month 
at Hartford ; and the commissioners for the townes 
of Ffairefeild and Strattford, shall meett the same 
day in one of those townes, and bring with them, 
faiiely written, the just number of males listed as 
aforesaid, the assessment of estates made in theire 
severall townes, according to the rules and direc- 
tions in this present order expressed. And the said 
comissioners being so assembled, shall duely and 
carefully examine all the said jists and assessments 
of the severall townes, and shall correct and perfect 
the same, according to the true intent of this order, 
and the same so perfected, they shall transmitt un- 
der theire hands, to the generall courte, the second 
Thursday in September, and then directions shall 
bee given to the Treasurer for gathering of the said 
rate ; and every one shall pay theire rate to the 
constable of the towne where it shall bee assessed ; 
nor shall any land or estate bee rated in any other 
towne, but where the same shall lye, is or was im- 
proved to the owners, reputed owners, or other 
proprietors use or behoofe, if it bee within this 
urissdiction. And for all pecuhars, viz. Such 
• laces as are not yet laid within the bounds of any 
owne, the same land, with the persons and estates 
hereupon, shall bee assessed, by the rates of the 
owne next unto it, and the measure ' or estimation, 
nail bee by the distance of the meeting bowses j 






84 

aud if anj of the said comissioners, or of the se- 
lectmen, shall willingly faile or neglect to performe 
the trust committed to them, by this order, in not 
making, correcting, perfecting or transmitting any of 
the said lists or assessments, according to the intent 
of this order, every such ofiender shall bee fyned 
forty shillings for every such offence, or so much as 
the country shall bee damnified thereby, so as it ex- 
ceeds not forty shillings for one offence ; provided, 
that such offence or offences bee complained of and 
prosecuted in due course of law, within six months. 

Audit is further ordered^ That uppon all distresses 
to bee taken for any of the rates and assessments 
aforesaid, the officer shall distreine goods or cattle, 
if they may bee had; and if no goods, then lands 
or howses, and if neither goods nor lands can bee 
had within the towne where such distresses are to 
bee taken, then uppon such returncs to the treasur- 
er, he shall give warrants to attache the body of 
such persons to bee carried to prison, there to bee 
kept till the next courte, execept they put in se- 
curity for theire appearance there, or that payment 
bee made in the meane time. 

And it is further ordered, That the prises of all 
sortes of corne to bee received uppon any rate by 
virtue of this order, shall bee such as the courte 
shall sett from yeare to yeare, and in default there* 
of they shall bee accepted at the price current, to 
bee judged by the said comissioners. 

And it is further ordered, That all estates of land 
in England, shall not be rated in publique assess- 
ment. 

It is allso provided and ordered, That all towns 
rates shall bee made after the same manner, and by 
the same rule, as the country rate. 



65 

Whereas much wrong liath beene done to the coun« 
try, by the neghgence of constables in not gath- 
ering such levyes as they have received warrants 
from the Treasurer, during theire office : 

It is therefore ordered^ That if any constable shall 
not have gathered the levyes comitted to his charge 
by the Treasurer then being, during the time of his 
office, that he shall notwithstanding expiration of 
his office, have power to levye by distress, all such 
rates and levyes ; and if he bring them not in to the 
old treasurer, according to his warrants, the Treas- 
urer shall distreine such constables goods for the 
fame ; and if the Treasurer shall not so distreine 
the constable, hee shall bee answerable to the 
country for the same ; and if the constable bee 
not able to make payment, it shall bee lawfull for 
the Treasurer, old or new respectively, to distreine 
any man or men of that towne where the constables 
are unable for all arrearages of levyes, and that 
man or men, uppon petition to the Generall courte, 
shall have order to collect the same againe, equally 
of the towne, with his just dammages for the same. 

It is further ordered by this Courte, That all col- 
lectors and gatherers of rates, shall appoint a day 
and place, and give reasonable warning to the in- 
habitants to bring in theire proportions, uppon 
which, every man so warned, shall duely attend to 
bring in his rate, or uppon neglect thereof, shall 
forfeitt two pence in the shilling for what hee falls 
shorte, and the said collector shall have authority 
hereby to distreine the delinquents, or bee accounta- 
ble themselves for the rates and penalties so neg- 
lected by them. 

8 



86 



RECORDS. 

It IS ordered hy this court e^ and authority thereof ^ 
That the towne dark or register in the severall 
townes of this jurissdiction shall record, all births 
and deaths of persons in theire towne, and that all 
parents, masters of servants, executors and ad-^ 
ministrators respectively, shall bring into the regis- 
ter of theire severall townes, the names of such 
persons belonging to them or any of them, as shall 
either bee borne or dye 5 and allso, that every new 
married man shall likewise bring in a certificate of 
his marriage, under the hand of the magistrate 
which married him, to the said register, and for each 
neglect, the person to whome it doth belong, shall 
forfeitt as followeth, viz. If any person shall neglect 
to bring in a noate or certificate as aforesaid, togeth- 
er w^ith three pence a name, to the said register, for 
all births and deaths, and sixpence for each mar- 
riage to bee recorded, more then one month after 
such birth, death or marriage, shall forfeitt for 
every default, five shillings, and the penalty further 
increased, uppon longer neglect, according to the 
judgement of the courte ; and the register of each 
towne shall yearely, convey to the Secretary of the 
courte, a true transcript of the births, deaths and 
marriages given under theire hands, with a third 
parte of the aforementioned fees, under the penalty 
of forty shillings for every such neglect, all which 
forfeitures shall bee returned into the Treasury ; 
allso, the grand jurors may present all neglects of 
this order. 

It is ordered by the anthority aforesaid^ That the 
severall townes within this jurissdiction, shall each 
of them provide a ledger booke, with an index or 



87 

alpbabelt unto the same, allso shall chuse one whoe 
shall bee a towne clerke or register, whoe shall be- 
fore the Generall courte in September next, record 
every mans howse and lands already graunted and 
measured out to him, with the bounds and quantity 
of the same ; and whosoever shall neglect three 
months after notice given, to bring in to the said 
towne clerke or register, a noatc of his howse and 
land, with the bounds and quantity of the same, by 
the nearest estimation, shall forfeitt ten shillings ; 
and so ten shillings a month, for every month hee 
shall so neglect ; the like to bee done for all lands 
hereafter graunted and measured to any ; and if 
any such granter, being required by the grantee, his 
heirs or assigns, to make an acknowledgment of any 
graunt, sale, bargaine or morgage by him made, 
shall refuse so to do, it shall bee in the power of 
any magistrate, to send for the partye so refusing, 
and committ him to prison without bayle or maine- 
prise, untill he shall acknowledge the same : And 
the grantee is to enter his caution with the record- 
er, and this shall save his interest in the meane 
time ; and all bargaines or morgages of lands what- 
soever, shall bee accounted of no value untill they 
bee recorded ; for which entry the register shall 
receive six pence for every parcell, delivering every 
owner a copy of the same under his hand ; whereof, 
foure pence shall bee for himsclfe, and two pence 
for the secretary of the courte. And the said 
register shall, every Generall courte, in May and 
September, deliver unto the same, a transcript, 
fairely written, of all such graunts, bargaines or in- 
gagements, recorded by him in the towne booke ; 
and the secretary of the courte, shall record it in 
a booke fairely written, provided for that purpose, 
and shall preserve the coppy brought in under the 



88 

hand of the towue clarke ; Allso, the said townc 
clarke shall have for every search of a parcell, one 
penny, and for every copy of a parcell, two pence, 
and a copy of the same under the hand of the said 
register, or tovv^ne clarke, and two of the men 
chosen to governe the towne, shall bee a sufficient 
evidence to all that have the same. 

Ffor the better keeping in minde those passages 
of Gods providence, which have beene remarkable, 
since our first undertaking of these plantations ; 
Mr. Deputy, Capt. Mason, Mr. Stone with Mr, 
Goodwyn, are desired to take the paines severally, 
in theire severall townes, and then jointly together, 
to gather up the same, and deliver them into the 
Generall courte in September next, and if it bee 
judged then fitt, they may bee recorded : and for 
future times, whatsoever remarkable passages shall 
bee, and if they bee publique, the said parties are 
desired to deliver in the same to the Generall courte ; 
but if any perticular person doe bring in any thinge, 
hee shall bring it under the hands of two of the 
aforementioned parties, that it is true, then present 
it to the Generall courte, that if it bee there judged 
requisitt, it may bee recorded ; provided, that any' 
Generall courte, for the future, may alter any of 
the parties before mentioned, or add to them, as 
they shall judge meett. 

It is allso ordered hy this courte^ and decreed, That 
after the death and decease of any person possessed 
of any estate, bee it more or less, and whoe mak- 
eth a will in writing, or by word of mouth, those 
men which are appointed to order the affaires of 
the towne, where any such person deceaseth, shall 
within one month after the same, at farthest, cause 
a true inventory to bee taken of the said estate, in 
writing, as allso, take a copy of the said will or 



09 

festament, and eiiler it into a booke, or keepe (lie 
coppy in safe custody ; as allso, enter the names 
uppon record, of the children, and legatees of the 
testator or deceased person : And the said orderers 
of the affaires of the towne, are to ?ee every such 
will and inventory, to bee exhibited into the pub- 
lique courte, within one quarter of a yeare, where 
the same is to bee registred : And the said order- 
ers of the affaires of the towne. shall doe theire 
indeavors in seeing that the estate of the testator 
bee not wasted nor spoiled, but improved for the 
best advantage of the children or legatees of the 
testator, according to the minde of the testator, for 
theire, and every of theire ust-, and Iheirc and eve- 
ry of theire allowance and approbation : But where 
any person dyeth intestate, the said ordcrcrs of the 
afiaires of the towne, shall cause an inventory to 
bee taken, and then the publique courte may graunt 
the administration of the goods and chatties to the 
next of kinn, jointly and severally, and devide the 
estate to wife, (if any bee) children or kindred, as 
in equity they shall see meett. And if no kindred 
bee found, the courte'to administer for the publique 
good of the common ; provided there bee an inven- 
tory registred, that if any of the kindred, in future 
time appeare, they may have justice and equity 
done unto them. And all charges that the publique 
courte, or the orderers of the aO'aires of the towne 
are at, about the trust committed to them, either 
for writing or otherwise, to bee paid out of the 
estate. 

Whereas allso, it was recomended by the com- 
missioners, that for the more free and speedy pas- 
sage of justice in each jurissdiction, to all the con- 
federates, if the last will and testament of any 
person, bee duclv prooved in. and ducly certified 



90 

from any one of the colonyes, it bee without delay, 
accepted and allowed in the rest of the colonyes, 
unless some just exception bee made against such 
will, or the prooving of it, which exception to bee 
duely forthwith duely certified back to the colony 
where the said will was prooved, that some just 
course may bee taken to gather in and dispose the 
estate without delay or dammage ; And allso, that 
if any knowne planters or settled inhabitants, dye 
intestate, administration bee graunted by that colo- 
ny unto which the deceased belong, though dying 
in another colony: And the administration being 
duely certified to, bee of foice for the gathering in 
of the estate, in the rest of the colonyes, as in the 
case of wills prooved, where no just exception is 
returned : But if any person possessed of an estate,, 
whoe is neither planter, nor settled inhabitant in 
any uf the colonyes, dye intestate, tlie administra- 
tion (if just cause bee found to give administration) 
bee graunted by that colony where the person shall 
dye and departe this life, and that care bee taken 
by that governement, to gather in and secure the 
estate, untill it bee demaunded, and may bee deliv- 
ered according to rules of justice ; which uppon 
due consideration, was confirmed by this courte, in 
the behalfe of this colonye, and ordered to bee at- 
tended in all such occassions, for the future ; pro- 
vided, the Generall courtes of the other colonyes, 
yeild the like assent thereunto. 

SCHOOLES. 

It being one cheife project of that old deluder, 
Sathan, to keepe men from the knowledge of the 
scriptures, as in former times, keeping them in an 
unknowne tonsjue, so in these latter times, by 



pers wading them from the use of tongues, so that 
at least, the true sence and meaning of the origin- 
all miglit bee clouded with false glosses of saint 
seeming deceivers ; and that learning may not 
bee buried in the grave of our forefathers, in 
church and commonwealth, the Lord assisting 
our indeavors ; 

It is therefore ordered hy this court e and authority 
thereof That every towneshipp within this juriss- 
diction, after the Lord hath increased them to the 
number of fifty howshoulders, shall then forthwith 
appointe one within thcire towne. to teach all such 
children, as shall resorte to him, to write and read, 
whose wages shall bee paid, either by the parents 
or masters of such cliildren. or by the inhabitants 

v^in generall, by way of supj)lye, as the major parte 

^of those who order the prudentialls of the towne, 

shall appointe ; provided, that those who send theire 

J children, bee not oppressed by paying much more 

( then they can have tlicm taught for, in other townes. 

' And it is further ordered, That where any towne 
shall increase to the number of one hundred fami- 
lies or howshoulders, they shall sett up a grammar 
schoole, the masters thereof, being able to instruct 
youths, so farr as they may bee titted for the uni- 
versity , and if any towne neglect the performance 
hereof, above one yeare, then every such towne 
shall pay five pounds per annum, to the next such 
schoole, till they shall performe this order. 

The propositions concerning the meintenance of 
schollars at Cambridge, made by the comissioners, 
is confirmed. 

And it is ordered, That two men shall bee ap- 
pointed in every towne within this jurissdiction, 
whoe shall demand what every familye will give, 
and the same to beeuathered and brontjht into some 



92 

roome, in March ; and this to continue yearely, ag .- 
it shall bee considered by the comissioners. 

SECRETARY. 

It is ordered and decreed^ That within twenty dayes 
after the session of every Generall courte, the se- 
cretary thereof, shall send forth copies of such 
lawes and orders as are or shall bee made, at either 
of them, which are of generall concernement for j 
the governement of this commonwealth to the con- 
stables of each towne within this jurissdiction, for 
them to publish within Fourteene dayes more, at 
some publique meeting in theire severall townes, 
and cause to bee written into a booke and kept for 
the use of the towne, and once every yeare, the \ 
constables in each towne, shall read or cause to bee ' 
read, in some publique meeting, all the capitall 
lawes, and give notice to all the inhabitants, where 
they may, at any time, see the rest of the lawes 
and orders, and acquaint themselves therewith : 
And the secretary of the courte, shall have twelve 
pence, for the copy of the orders of each session 
as aforesaid, from each of the townes. 

And it is further ordered^ That the secretary of 
the courte, shall record such wills and inventories 
as are exhibited into the said courte, and shall fylc 
the originall of them, and give a coppy thereof, to 
such as desire it, for which hee shall have for every 
record of any will or inventory, or both, which is 
above the summ of forty pounds, three shillings 
foure pence, and for every coppy of them, or either 
of them, one shilling eight pence ; and for every 
search or supervising of them, six pence ; allso, 
for recording of every will or inventory, or both, 
which is above the summ of thirty pounds, and 



03 

under the summ of forty pounds, two shillings six 
pence ; and for every coppy of them, or either of 
them, fifteene pence, and for every search or super- 
vising of them, foure pence ; allso for every at- 
tachement, twelve pence, and for every bond or 
recogniscance in or about the same, six pence ; 
allso, for every execution above five pounds, the 
secretary shall have twelve pence, and for every 
execution under five pounds, six pence 5 allso, for 
the entry of every or any recogniscance in courte, 
six pence, and for the withdrawing of it, twelve 
pence, which shall bee paid before the bounden bee 
freed from his said recogniscance. 

It is allso ordered, That whosoever shall take out 
any warrant from the secretary of the courte, that 
concerns an action, shall before hee hath a warrant, 
enter his action with the secretary, and then take 
out his warrant for summons to answer the same, 
for which they shall pay for every entry, twelve 
pence, and for every warrant, foure pence, though 
they agree with theire defendants before the courte : 
Allso, if any other magistrate shall graunt a war- 
rant, which concerns an action, they shall enter 
the action in a small booke for that purpose, before 
they graunt the warrant, and shall make a due re- 
turne, at every courte, to the secretary thereof, what 
such warrants, and to whome they have graunted, 
and all such persons shall bee as lyable to pay 
twelve pence for every such action, to the secretary 
of the courte, as if they should have had theire 
warrants of him. 

STRAYES. 

It is ordered hy this Courte, and authority thereof ^ 
That whosoever shall take up any straye beast, or 



94 

find any goods lost, whereof the owner is not 
knowne, he shall give notice thereof to the consta- 
ble of the same towne, within six days, who shall 
enter the same in a booke, and take order that it 
bee cryed at theire next lecture day, or generall 
meeting uppon three severall dayes, and if it bee 
above twenty shiUings value, at the next markitt, 
or two next townes pubiique meetinge, where no 
markitt is within ten miles, uppon paine, that the 
partye so finding, and the said constable having such 
notice, and failing to doe as is heereby appointed, 
to forfeitt either of them, for such default, one 
thirde parte of the value of such straye, or lost 
goods. 

And if the finder shall not give notice as afore- 
said, within one month, or if hee keepe it more then 
three months, and shall not aprize it by sufficient 
men, and allso record it with the register of the 
towne where it is found, hee shall then forfeitt the full 
value thereof, and if the owner appears within one 
yeare after such publication, hee shall have restitu- 
tion of the same, or the value thereof, hee paying 
all necessary charges, and the constable for his care 
and paines, as one of the next magistrates, or one 
of the townsmen shall adjudge ; and if no owner 
appeare within the time prefixed, the said straye or 
lost goods shall bee thus devided, one fourth parle 
thereof with his reasonable charge, shall bee to 
the finder ; one fifth parte thereof, or ten shillings, 
to the constable, at the choyce of the courte, and 
the rest to the commonwealth ; provided there bee 
three streakes dipt in the haire of the neare but- 
tock, six inches long, that they may bee knowne. 



0.5' 
SWYNE. 

It is ordered by this courte, That all the swyne, 
either hoggs or shoates, in the severall plantations, 
that are kept at home within the towne, shall by 
September next, bee ringed or yoaked, or kept up 
in theire yards, under the penalty of foure pence 
for every such swyne, to bee paid by the owner, to 
the party that shall take the swyne so defective, and 
impound them ; allso, all such as are kept by beards 
in the woods, shall not bee suffered to abide above 
one nighte, in the towne ; but that it shall bee law- 
full to impound them, in case they come at any time 
home, from the middle of March to the middle of 
November. (Ffairefeild and Strattford desire to bee 
included in this order.) 

Ffor the better preserving corne and meadow on 
the east side of the Great River; 

It is ordered hy this courte, That there shall no 
hoggs nor swyne of any sorte bee put over thither, 
or kept there, at any time after the publishing of 
this order, except they bee kept out of the bounds 
of the severall townes, or in theire yardes, under 
the penalty of two shillings a head for every hogg 
or swyne, for every time they shall bee found there^ 
contrary to this order. 

TIMBER. 

It is ordered by this courte, That no timber shall 
bee felled within three myles of the mouth of Mat- 
tabeseck river, nor at unseasonable times, viz. from 
the beginning of Aprill to the end of September^ 



96 



and that it be improved into pipe-staves, or some 
other merchantable commodity, within one month 
after the felling thereof, or carted together; and 
that the timber so inproved, shall not bee trans- 
ported from the river, but for discharge of debts, 
or fetching in some necessary provision. 

TOBACKO. 

flbrasmuch as it is observed, that many abuses are 
crept in, and comitted, by freqnent taking of to- 
backo. 

It is ordered hy the authority of this Courte, That 
no person under the age of twenty one years, nor 
any other, that hath not already accustomed him- 
selfe to the use thereof, shall take any tobacko, 
untill hee hath brought a certificate under the hands 
of some who are approved for knowledge and skill 
in phisick, that it is useful! for him, and allso, that 
hee hath received a lycense from the courte, for 
the same. — And for the regulating of those, who 
either by theire former taking it, have, to theiro 
owne apprehensions, made it necessary to them, or 
iippon due advice, are pursuaded to the use thereof. 

It is ordered, That no man within this colonye, 
after the publication hereof, shall take any tobacko, 
publiquely, in the streett, highwayes or any barne 
yardes, or uppon training dayes, in any open pla- 
ces, under the penalty of six-pence for each offence 
against this order, in any the perticulars thereof, to 
bee paid without gainesaying, uppon conviction, by 
the testimony of one witness, that is without just 
exception, before any one magistrate. And the 
constables in the severall townes, are required to 



"J 7 

make presentment to each pcrticular courte, o( 
such as they doe understand, and can evict to bee 
transgressors of this order. 

TRESSPASSES. 

It is orderedhy this Courte and authority thereof^ 
That if any horse or other beast, trespass in corne, 
or other inclosure, being fenced in such sorte as 
secures against cowes, oxen, small calves, and such 
hke orderly cattle, the party or parties tresspassed, 
shall procure two able men of good reporte and 
creditt, to view and adjudge the harmes, which the 
owner of the beast shall satisfie (when knowne) up- 
pon reasonable demaund, whether the beast were 
impounded or not; but if the owner bee knowne 
and neare residing, as in the same towne, or the 
like, notice shall bee left at the usuall place of his 
aboade, of the trespass, before an estimation bee 
made thereof, to the end hee, or any others ap- 
pointed by him, may bee present when the judge- 
ment is made ; the like notice allso, shall bee left 
for him, of the dammage charged uppon him, that 
if hee approve not thereof, hee may repaire to the 
select townsmen, or some of them, who shall, in 
such case, nominate and appoint two able and in- 
different men, to review and adjudge the said 
harmes, which being forthwith discharged, togeth- 
er with the charge of the notice, former and latter 
view, and determination of damniages, the first judge- 
ment to bee void, or else to stand in lawe. 

TREASURER. 

It is ordered, That the Treasurer shall deliyer no 
money out of his hands, to any person, without the 



98 

Lands of two magistrates, if the summ bee above 
twenty shillings ; if it bee under, then the Treas- 
urer is to accept of the hand of one ; but if it bee 
for the payment of some bills to bee allowed, which 
are referred to some comittees to consider of, 
whether allowed or not, that such bills as they al- 
lowe and sett their hands unto, the Treasurer shall 
accept and give satisfaction. 

VOATES. ^ 

// is ordered hy this Courte, and decreed, That if 
any person within these liberties, have beene or 
shall bee fyned or whipped for any scandalous of- 
fence, hee shall not bee admitted, after such time, 
to have any voate in towne or commonwealth, nor 
to serve on the jury, untill the courte shall manifest 
theire satisfaction. 

VERDICTS. 

That love and peace, with truth and righteousnes 
may continue and flourish in these confederated 
colonyes. 

It was uppon the recommendation of the com- 
missioners, ordered, that any verdict or sentence of 
any courte within the colonyes, presented under 
authentique testimony, shall have a due respect in 
the severall courtes of this jurisdiction, where 
there may be occasion to make use thereof; and 
shall bee accounted good evidence for the partye, 
untill better evidence, or other just cause appeare, 
to alter, or make the same voide ; and that in such 
case, the issuing of the cause in question, bee re 
spited for some convenient time, that the courte 



91) 

may be advised with, where the verdict or sen- 
.tence first passed ; provided notwithstanding, that 
this order shall bee accounted valid, and improved 
onely for the advantage of such as live within some 
of the confcfidcrated colonyes, and where the ver- 
dicts in the courts of this colony, may receive re- 
ciprocal! respect by a like order established by the 
Generall courte of that colonye. 

WYNE AND STRONG WATER. 

Whereas many complaints are brought into the 
courte, by reason of diverse abuses that fall out 
by severall persons that sell wyne and strong 
water, as well in vessels on the river, as allso in 
several! bowses, for the preventing hereof, 



It is now ordered by the authority of this Courte^ 
That no person or persons, after the publishing of this 
order, shall neither sell wyne nor strong water, by 
retaile, in any place within these libberties, with- 
out license from the perticular court or any two ma- 
gistrates, or vvhere there is but one magistrate, by 
a magistrate and one of those appointed to order the 
affaires of the towne. 

WWTCHES. 

// is ordered by this Courte, and decreed, That 
there shall bee a suflkient watch meinteined in ev- 
ery towne, and that the constable of each towne 
shall duely warne the same, and see that the inhab- 
itants or residents, doe severally in (heire turnes, 
observe the same, according as the inhabitants doe 
agree; And this courte doth explaine themselves, 
and order, that whosoever within this iurissdiction, 



100 

that is lyable to watch, shall take a journeye out 
of the towne wherein hee liveth, after he hath had 
timely notice and warninge to watch, hee shall 
provide a watchman for that turne, though him< 
selfe bee absent; and if any man that takes a joiu- 
nye, or goes out of the towne wherein hee liveth, 
if hee returne home within a weeke after the 
watch is past his howse, hee shall be called back 
to watch that turne, past a weeke before. 

And for the better keeping watches and wardes, 
by the constables, in time of peace, 

It is ordered hy this Conrte, and authority thereof, 
That every constable shall present to one of the 
next magistrates, the name of every person, who 
shall uppon lawfull warning, refuse or neglect to 
watch or ward, either in person, or some other, 
fitt for that service ; and if being convented, hee 
cannott give a just excuse, such magistrate shall 
graunt warrant to levye five shillings on every 
such offender, for every such default, the same 
to bee imployed for the use of the watch of the 
same towne ; and it is the intent of the lawe, 
that every person of able body (not exempted 
by lawe) or of estate to hire another, shall bee 
lyable to watch and warde, or to supplye it by 
some other, when they shall bee thereunto re- 
quired ; and if there bee, in the same howse, di- 
verse such persons, whether sonnes, servants or 
sojourners, they shall all be compellable to watch, 
as aforesaid ; provided, that all such as keepe 
families at theire farmes, being remoate from any 
towne, shall not be compellable to send theire 
servants or sonnes from their farmes, to watch 
and warde in the townes. 



101 

WOLVES. 

Whereas great loss and dammage doth befall this 
Commonwealth, by reason of wolves, which de- 
stroy great numbers of our cattle, notwithstanding 
provision formerly made by this courte for supres- 
singof them; therefore, for the better incourage- 
mentof any to sett about a worke of so great con- 
cernement, 

// is ordered by this Courte^ and authority thereof. 
That any person, either English or indian, that shall 
kill any wolfe or wolves, within ten myles of any 
plantation within this jurissdiction, shall have for 
every wolfe by him or them so killed, ten shillings 
paid out of the Treasurye of the country ; provid- 
ed, that due proofe be made thereof, unto the plan- 
tation next adjoining where such wolfe or wolves 
were killed; and allso, bring a certificate under 
some magistrates hand, or the constable of that 
place, unto the Treasurer. 

WRECKS OF THE SEA. 

It is ordered and decreed^ and by this court declar- 
ed, That if any shipps or other vessells, bee it ffreind 
or enemye, shall suffer shipwreck upon our coasts, 
there shall be no violence or wrong offered to 
theire persons or goods, but theire persons shall be 
harboured and releived, and theire goods preserved 
in safety, till authority may bee certified, and shall 
take further order therein. 
9* 



lOi 



VESSELLS. 



It is ordered hy this Courte, and authority thereof. 
That no vessell nor boat, shall have libberty to goe 
from any porte in any towne within this jurissdic- 
tion, before they have entred with the register or 
recorder, in each towne, what quantity of powder 
and shott they carry forth with them in theire said 
, vcssells, and shall take a certificate under the said 
registers or recorders hand, of the same, paying to 
him for every certificate, four pence ; and if any 
vessell shall attempt to goe from the said towne or 
porte, or townes and portes, before hee hath entred 
as aforesaid, or shall be found with any more or 
greater quantity of powder and shott, aboard the 
vessell or vessells, then they had a certificate to 
shew they had entred, shrJl forfeit and pay for 
each default, the true value of all such powder and 
shott as they should have entred as aforesaid : And 
all such persons, or masters of such vessells, shall 
give a true account uppon theire return, to the said 
recorder, where they have entered the premises, 
how they have disposed thereof, uppon the former 
penalty : And if the said towne register, or record- 
er, shall have just cause to conceive that hee or 
they carry forth more of the premises, then in an 
ordinary way, is requisite for their necessary de-, 
fence and safety in theire intended voyage, then the 
said persons oi masters of vessells, shall give in se- 
curity unto the said recorder, if by him required 
thereunto,, that hee shall give a due account to this 
commonwealth, of the same, uppon his returne. 



NEW-HAVEN ANTIQUITIES. 



OR 



EXTRACTED FROM THE ANCIENT RECORDS OP NEW- 
HAVEN. 



Jt a Court held at New-Haven^ A, D» 1643. 

Andrew Low, jun. for breaking into Mr. Ling's 
house, where he brake open a cupboard and took 
from thence some Strong Water,* and 6d. in mon- 
ey, and ransackt the house from roome to roome, 
and left open the doors, for which fact being com- 
mitted to prison brake forth and escaped, and still 
remains horrible obstinate and rebellious against 
his parents, and incorrigible under all the means 
that have been used to reclaim him. Whereupon 
it was ordered that he shall be as severely whipt as 
the rule will bare, and work with his father as a 
prisoner with a lock upon his leg so that he may 
not escape. 

December 3j, 1651. 

It was propounded that some safer way might be 
found out to Connecticote, that the danger of the 
East River may be avoyded. The new waye was 

'*■ Ruvi. 



104 

desired to be viewed again, as William Bradley of- 
fered to lend his cannow to lie in the East River, if" 
the town will find ropes to draw it to and agayne. 

.^t a Court, held May 1, 1660. 

Jacob M. Murline and Sarab Tuttle being called 
appeared, concerning whom the Governor declar- 
ed, that the business for which they were warned 
to this court he had heard in private at his house, 
which he related to stand thus. 

On the day that John Potter was married Sarah 
Tuttle went to Mistress Murline's house for some 
thredd, Mistress Murline bid her go to her daugh- 
ters in the other roome, where they felle into 
speeche of John Potter and his wife, that they were 
both lame, upon which Sarah Tuttle said, that she 
wondered what they would do at night. Whereup- 
on Jacob came in, and tooke up or tooke away her 
gloves. Sarah desired him to give her the gloves, 
to which he answered he would do so if she would 
give him a kysse, upon which they sat down togeth- 
er, his arme being about her waiste, and her arme 
upon his shoulder or about his necke, and /le kys- 
sed her and she kyssed him, or they kyssed onean- 
other, continuing in this posture about half an hour, 
as Marian and Susan testitied, which Marian, now 
in court, affirmed to be so. 

Mistress Murline, now in court said that she 
heard Sarah say she wondered what they would do 
at night, and shee replyed they must sleep ; but it 
was matter of sorrow and shame unto her. 

Jacob was asked what he had to say to these 
things, to which he answered that he was in the oth- 
er roome, and when he heard Sarah speak those 
words, he went in, when shee having let fall her 



105 

gloves he topke them up and she asked him for 
them, he told her he would if she would kysse him. 
Further said hee tooke her by the hand, and they 
both sat down upon a chest, but whether his arme 
were about her waiste, and her arm upon his shoul- 
der or about his neck, he knows not, for he never 
thought of it since, till Mr. Raymond told him of it 
at Mannatos for which he was blamed and told he 
had not layde it to heart as he ought. But Sarah 
Tuttle replied that shee did not kysse him. Mr. 
Tuttle replied that Marian hath denied it, and he 
doth not looke upon her as a competent witness. 
Thomas Tuttle said that he asked Marian if his sis- 
ter kyssed Jacob, and she said not. Moses Mans- 
field testified that he told Jacob Murline that he 
heard Sarah kyssed him, but he denied it. But Ja- 
cob graunted not what Moses testified. 

Mr. Tuttle pleaded that Jacob had endeavoured 
to steal away his daughter's affections. But Sarah 
being asked if Jacob had inveagled her, she said 
no. Thomas Tuttle said that he came to their 
house two or three times before he went to Hol- 
land, and they two were together, and to what end 
he came he knows not, unless it were to inveagle 
her. And their mother warned Sarah not to keep 
company with him. And to the same purpose 
spake Jonathan Tuttle. But Jacob denied that he 
came to their house with any such intendment, nor did 
it appeare so to the court. 

The Governor told Sarah that her miscarriage is 
the greatest, that a virgin should be so bold in the 
presence of others to carry it as she had done, and 
to speake suche corrupt words, most of the things 
charged against her being acknowledged by herself, 
though that about kyssirg is denied, yet the thing 
is prooved. Sarah professed that she was sorry that 



1U6 

sliee had carried it so sinfully and foolishly, which 
she saw to be hateful. She hoped GOD would 
help her to carry it better for time to come. 

The Governor allso told Jacob that his carriage 
hath been very evil and sinful so to carry it towards 
her, and to make such a light matter of it as not to 
think of it, (as he exprest,) doth greatly aggravate, 
and for Marian, who was a married woman, to suf- 
fer her brother and a man's daughter, to sit almost 
half an hour in such a way as they have related was 
a very great evil. She was told that she should 
have showed her indignation against it, and have 
told her mother, that Sarah might have been shut 
out of doors. Mrs. Murline was told that she, hear- 
ing such words, should not have suffered it. Mrs. 
Tuttle and Mrs. Murline being asked if they had any 
more to say they said no. 

Whereuppon the court declared, that we have 
heard in the Publique Ministry that it is a thing to 
he lamented, that young people should have their 
meetings to the corrupting of themselves and one 
another. As for Sarah Tuttle her miscarriages are 
very great, that she should utter so corrupt a 
speeche as she did concerning the persons to be 
married, and that she should carry it in such a wan- 
ton, uncivil, immodest and lascivious manner as 
hath been proved. And for Jacob his carriage hath 
been very corrupt and sinful, such as brings reproach 
upon the family and place. 

The sentence therefore concerning them is, that 
they shall pay either of them as a fine 20s. to the 
Treasurer. 



lo: 

A Court holden 3d Kovember, J 639. 

It is ordered, that Mr. Hopkins shall have two 
hogsheads of hme for his present use, and as much 
more as will finish his house as he now intends itt, 
he thinking that two hogsheads more will serve. 

It is ordered, that a meeting-house shall be built 
forthwith, fifty foote square ; and that the carpenters 
shall fall timber where they can tinde it till allot- 
ment be layed ont, and men know ther own pro- 
prietyes. 

It is ordered, that Mr. Gregson and Mr. Evance 
shall have fower daycs liberty after this day to 
square their timber, before the former order shall 
take hold of them. 

It is ordered, that Mr. Eaton, Mr. Davenport, 
Robt. Newnan, Matthew Gilbert, Capt. Turner 
and Thomas Fflugill shall rom hence forward have 
the disposing of all the ho/ -e lotts, yett undisposed 
of, about this towne, to s{ :h persons as they shall 
judge meetc for the good of the plantation ; and 
thatt none shall come to dwell as planters here 
without their consent and j>.llowance, whether they 
come in by purchase or otherwise. 

It is ordered, that every one thatt beares amies 
shall be compleatly furnished with armes, (viz) a 
muskett, a sword, vandaleers, a rest, a pound of 
powder; 20 bullets fitted to their muskett, or 4 
pound of pistoll shott, or swan shott att least, and 
be ready to show them in the market place upon 
Monday the 6th of this moncth, before Captaine 
Turner and Lieutenant Seeley, under the penalty of 
20s fine for every default or absence. 

A Court huldenthe Ath of December, 1639. 

It is ordered that Thomas Saule shall agree with 
Goodman Spinnage before the next Court, or else 



108 

the Court will determine the difference between 
them. 

Roger Duhurst and James Stewart are enjoyneb 
to make double restitution to John Cockerill for 
five pound and seventeen shillings, which they stole 
out of his chist on the Lords day in the meeting 
time, and they being servants to the said Cockerill, ,- 
for which aggravation they were whipped also. 

Thomas Manchester, servent to Mr. Perry, being 
accused by his master for being drunk, and for giv- 
ing his master uncomely language, for which his 
master having given him some correction, the 
Court (only ) caused him to be sett in the stocks for 
a certain time. 

Nicholas Tamer, servant to the said Mr. Perry, 
for drunkenness and abusing his master in words, 
was whipped. 

A General Court 4th of January^ 1639. 

It is agreed by the towne, and accordingly order- 
ed by the Courte, that the Neck shall be planted 
or sown for the term of seven years, and that John 
Brockett shall goe about laying it out, for which, 
and all differences betwixt party and party about 
ground formerly broke up and planted by English 
there, shall be arbitrated by indifferent men, which 
shall be chosen to that end. 

It is ordered, that some speedy course shall be 
taken to keep hogs out of the neck. 

It is ordered, that a convenient way to the Hay- 
place be left comon for all the towne. 

It is ordered, that no cattell belonging to this 
towne shall goe without a keeper after the first of 
May nex^ 



109 

■■» 
A General Court, bth February, 1639. 

It 18 ordered, thatt brother Andrews, bro. Kini- 
berly, Wm. Enos and Sergeant Beckley shall assist 
Mr. Ling to ripen Goodman Tap's business against 
the next Courte, concerning bis demands of certain 
nionyes which he disbursed for bringing cattell from 
the Bay, appertaining to divers persons. 

It is ordered, that brother Andrews shall detaine 
so much of Robt. Campion, his wages in his hands. 
as may secure a debt of 3/6 which Mr. Moulend de- 
maunds of the said Robt. 

It is ordered, that Mr. Moulend shall pay to Mr- 
Perry 205 wiiich he owes to him. 

It is ordered, that Mr. Wilkee shall pay 5 bushells 
and a halfe of Indian corneto Thomas Buckingham,, 
for corne destroyed by Mr. Wilks his hogs. 

Isaiah, Captaine Turner's man,, lined 5/6 ibr be- 
ing drunk on the Lords day. 

Wm. Bromfield Mr. Malbon's man was sett in the 
stocks for prophaning the Lord's day and stealing 
wine from his master, which he drunk and gave to 
others. 

Ellice, Mr. Eaton's boy, was whipped for steaUng 
a sow and a goate from his master, and selling them. 

Dav^ Anderson was whipped for being drunke. 

John Fenner, accused for being drunke with 
strong waters, was acquitted, itt appearing to be 
of infirmity, and occasioned by the extremity of the 
cold. 

Mr. Moulend accused of being drunke, but nott 
clearly proved, was respited. 

Peter Browne, Licensed to bake to sell, so long 
as he gives no offence in it justly. 

IZth February, 1639. 

John Charles forbidden to draw wine, because 
'^ere hath been much disorder by itt. 

10 ^ 



no 

Goodman Leone was whipped and sent out of 
the plantation, being not onelj a disorderly person 
himselfe, butt an incourager of others to disorderly 
drinking meetings. 

George Spencer bqing prophane and disorderly 
in his whole conversation, and an abettor of others 
to sin, and drawing on others in to a conspericie to 
carry away the Cock to Virgenia, was whipped and 
sent out of the plantation. 

John Proute, Hen. Brasierand William Brom- 
field was whipped for joyning in the aforesaid con- 
spericie, and the said Hen. and Wm. were ordered 
to weare irons during the magistrate-s pleasure. 

^4 Cuurte holden the 1st of July, JG40. 

Thomas Parsons and John servants to 

Eiias Parkmore, were whipped for their sinfu 11 dal 
liance and folly with Lydia Browne 

bth August, 1640. 

It is ordered, that none in this plantatione shall ei 
ther sell or lett a lott to any stranger, for years, with 
out allowance from the Courte. 

It is ordered thatt att this, day, every yeare all 
the Ram Goates in the towne shall either be side 
stringed, or some other Course taken with them so 
as they cannot Ram the Ewes till the fittest season. 

A Court held at KcwHaxen the 3d of the 1th mouthy 
1642. 

Matthew Willson for killing a dog of Mr. Perry's, 
willfully and disorderly, fined 20^ for his disorder, 
and ordered to pay 20^ damage to Mr Perry, which 
40s Edward Chipperfield undertooke to see pay'd 
by the last of September next. 

JohnLobell the Miller, for sinfull dalhance with 
a little wench of Goodman Halls, was whipped. 



Ill 

Qth month, 1642. 
It is ordered, thatt whosoever findes any things 
thatt are Lost shall deliver them to the Marshall, 
to be kept safe till the owners challenge thenn. 

Jiew-Haven, ^nd November, 1C42. 

Jeruas Bojkin is ordered to pay unto George 
Badcockc the sum of 20^ for taking his cannow 
without leave. 

It is ordered, thatt those who have their fTarmcs 
att the River, Called stony River, shall have Liber- 
ty to make a sluice in the River for their owne con- 
venience. 

1th December, 1642. 
Fforasmuch as John Owen hath had some damage 
done in his come by hogs, occasioned through the 
neglect of Mr. Lamberton, John Bud and Will Pres- 
ton, in not makeing up their fence in season, It is 
therefore ordered, thatt the said Mr. Lamberton, 
John Bud and Will Preston shall make Satisfaction 
to tlie said John Owen, for the damage done ; (viz.) 
Eight days worke and two Pecks of Corne, which 
is to be payd according to the several apportions of 
ifence unset up rcs[»ectively. 

^stof 1st month, 1643. 

John Lawrence and Valentine, servants to Mr. , 
Malbon, for Imbczilling their masters Goods, and 
keeping disorderly night Meetings with Will Hard- 
ing, a Lewd and disorderly person, plotting with 
him to carry their master's daughters to the farmes 
in the night, concealing divers uncleane lilthy dal- 
liances: all which they confessed and was whip- 
ped. 



112 

Ruth Acie, a Covenant servant to Mr. Malbon, 
for stubornes, lyeing, stealing from her Mrs. and 
yeilding to tilthy dalliance with Will Harding, was 
whipped. 

Martha Malbon, for consenting to goe in the 
night to the farmes with Will Harding, to a venison 
feast, for stealing things from her parents, and yield- 
ing to filthy dalliance with the said Harding, was 
whipped. 

Goodman Hunt and his Wife, for keepeing the 
Councells of the said William Harding, Bakeing 
him a Pastry and Plum Cakes, and keeping Compa- 
ny with him on (he Lord's day, and she suffering 
Harding to kisse her, they being onely admitted to 
sojourn in this Plantation upon their good behav- 
ior, was ordered to be sent out of this towne with 
in one moneth after the date hereof; yea, in a shor- 
ter time ; if any raiscarryage be found in them. 

At a Court held at Kew-Haven, September 2, A, D, 
1662. 

Edmund Dorman, plaintiff, entered an action of 
slaunder or defamation asrainst Jeremiah Johnson, 
defendant. The plaintiff infoniied against him 
tl);it he had heard that J. Johnson had reported at 
John Olvarde's house, that he heard Do.rman at 
prayer in a swamp for a wife, and being asked by- 
John Olvarde who the person was, he answered that 
it was his mare. And there was other circumstan- 
ces of scoffing, &c. 

The defendant was asked whether he grauntcd 
the thing or denied. Tlie defendant desired proof 
and that the witnesses might speake apart. John 
Olvarde was first called, who testified that Johnson 
being at his house, he heard him say, that he heard 
Kdmund Dorman at prayer in a swamp, (by John 



113 

Downes's,; for a wife; and say<ie, -Lord thou 
knowest my ncccssilic and cnnst snpplie it. Lord 
bend and bow her wille. and make her sensible of 
mv condition or necessitie.' He a«ked Jeremiah 
who it was : he answered it may be Jiis mare, that 
she might be made servissal)le. John Olvardc 
being asked when it was, he said it was since har- 
vest. 

Stephen Bradley being called also testified i\\e 
same thing. The defendant heing asked what he 
had to say for himself, said he thought Bradley did 
it out of revenge. But he was told he must prove 
him a false person upon record, or perjured, or that 
he doth it out of revenge at this time. The de- 
fendant further said he did expect some other per. 
sons that was present at John Olvarde's would have 
been here, therefore did refuse to make his defence 
further at this time; and desired that the witnesses 
might not be sworn. 

Then Jeremiah was told that it is a fearUil thing 
to come to that height of sin, as to sit in (he seat 
of the scorner. Therefore the court told him they 
should defer this business, and warned him to at- 
tend the next particular court to give answer here- 
unto. 

December 3(1, 1651. 

Will Harding being convicted of a great deal of 
base carriage with divers yonge girls, together with 
enticing and corrupting divers men servants in tills 
plantation, haunting with them at night-meetings 
and juncketings, <S;c. was sentenced to he severely 
whipped, and tined 5/. to 3Ir. ^lalbone, and 5/- to 
Will Andrews whose famylyes and daughters he 
hath so much wronged, and presently to depart the 
plantation, and not to retourne under the penalty 
of severer punishment. 

10* 



114 

. 1642. Samuel Hoskins and Elizabeth Cleverly 
being desirous to join together in the state of mar- 
riage, and not being able to make proof of their 
parent's consent, but seeing they both affirm they 
liave the consent of their parents, and withall 
having entered into contract, and sinfully and wick- 
edly made themselves both unfit for any other, and 
for which they have both received Publique cor- 
rection, upon these considerations granted them 
liberty to marry. 

1643. Margaret Bedforde l)cing convicted of 
divers miscarriages, was severely whipped, and or- 
dered to be married to Nicholas Jennings with whom 
slie hath been naught. 



The foil owing is the most and entire cord of the Colo- 
ny of Ncio-Haven^ and is a curiosity in the history 
of civil gov ernmerd., * 

THE 4th day of the 4th moiieth, called June, 1639, all the 
free planters asseinhied together in agereral nieetinge, to 
coijsult about settling civil government according to 
GOD, and about the nomination of persons that may be 
found by consent of all fittest in all respects for the foun- 
dation work of a Church which was intended to be gather- 
ed in Qninipieck. After sollemne invocation of the name 
of GOD in prayer, for the presence and help of his spirit 
and grace in these weighty businesses, they were rennn- 
ded of the business whereabout they met (viz) for the es 
tablishment of such civil order as might be most pleasing 
unto GOD, and for the chusing the fittest men for the 
foundation work of a church to he gathered. For the 
better enabling them to discerne the minde of GOD, and 
to agree accordingly concerning the establishment of civil 
order, Mr. John Davenport propounded divers queries 
them, publickiy praying them to consider seriously in 



J 1.5 

the presence and fcarc of GOD the weigljt of the business 
they met about, and not to be rash or sleight in giving their 
votes to things they undcn-stood not, l)ut to digest fully and 
thoroughly what should be propounded unto them, and 
without respect to men, as they should be satisfied and 
perswaded in their own minds to give their answers in 
such sort as they would be willing they should stand upon 
record for posterity. 

This being earnestly expressed by jMr. Davenport, Mr. 
Robert Newman was intreaied to write in charracters 
and to read distinctly and audibly in the hearing of all 
the people, what was propoujided and accorded on, that 
it might appear that all consented to matters propounded 
according to words written by him. 

Quiere 1. ^Vhether the Scriptures doe holde fourth a 
perfect rule for the direction and government of all men 
in all. duteyes which they are to perform to GOD and 
men as well in the government of tamylyes and common- 
wealths as in matters of the church ? 

This was assented unto by all, no man dissenting, as was 
expressed by holding up of hands. Afterwards it was 
read over to them, that they might eee in what wordes 
their vote was expressed : they againe expressed their 
consent thereto by holding up their hands, no man dis- 
senting. 

Qujere 2, Whereas there was a covenant sollemnely 
made by the whole assembly of free planters of this plan- 
tation, the first day of extraordinary humiliation that we 
had after we came together, that as in matters that con- 
cern the gatijoring a!ul ordering of a church, so likewise 
in all [)ubii(iiie offices, whi(;h concern civil order, as 
choyce of iiiu;;istrates and otRcers^makinir and repealing 
of laws, divideing allotments of inheritances, and all 
things of like nature we would all of us be ordered by 
those rules whicli the scripture holds torth to us. This 
covenant was called a piantatioTi covenant to distinirnish 
it from a church covenant, which could not at that time 
be made, a church not being then gathered, but was de- 
ferred till a chup'h might be gathered accoiding to GOD. 
It was demanded whether all the free planters doe holde 
themselves bound by that coveiiant in all business of that 
nature which are expressed in the covenant, to submit 
themselves to be ordered by the rules which are held 
forth in the scripture. 



TIC 

This also was assented unto by all, and no man gain- 
saied it, and they did testify the same by holding up their 
handes, both when it was first propounded, and af- 
terwards confirmed the same by hokling' up their 
hands when it was read unto them in publ'jque. John 
Clark being absent when the covenant was made doth 
now manifest his consent to it. Also Richard Beach, An- 
drew Low, Goodman Bamster, Arthur Halbidge, John 
Potter, Richard Hill, John Brockett, and John Johnson, 
these persons being not admitted planters when the cove- 
nant was made dotii now expresse their consent to it. 

Q,ua3re 3. Those who have desired to be received as 
free planters and are settled in the plantation with a pur- 
posed resolution and desire that they may be admitted 
into church tellowship, according to Christ, as soon as 
GOD shall fitt them thereunto, were desired to express© 
it by holding up of hands, accordingly all did express 
this to be their desire, and purpose by holding up then 
bands twice, (viz) both at the proposal of it, and aftei 
when these written words were read unto them. 

Quaere 4. All the free planters were called upon to 
express whether they ht^i 1 themselves bound to establish 
«uch civil order as miglit best conduce to the securing 
the piirity and peace of the ordinances to themselves and 
their posterity, according to GOD. In answer hereunto 
they expressed by holding up their hands tAvice as before. 
Tbat they helde themselves bound to establish such civil 
order as might best conduce to the ends aforesaid. 

Then Mr. Davenport declared unto them by the scrip- 
tures what kind of persons might best be trusted with 
matters of government, and by sundry arguments from 
scripture proved that such as were described Ex. 18. 1. 
Deut. ]. 13. with Deut. 19. 15. and 1 Cor. 6. 1 to 7, ought 
to be entrusted by them, seeing they were free to cast 
themselves into that mould and forme of commonwealth 
which appeareth best for them in reference to the secure- 
ing the pure and peaceable enjoyment of all Christ his 
ordinonces in the church according to GOD, whereunto 
they have bound themselves as hath been acknowledged. 
Having said this he sat down, praying the company free- 
ly to consider whether they would have it voted at this 
time or not. After some space of silence Mr. Theophilus 
"EBton answered it might be voted, and some others also 



.117 

spake to'the same purpose, none at ali opposing it. Then 
it was propounded to vote. 

Quaere 5. Whether free Burgesses shall be chosen out 
of Church members, they that are in the foundation work 
of the chuch being actually free burgesses, and to chuse 
to themselves out of the like estate of church fellowship, 
and the power of chusing magistrates and officers from 
among themselves and the power of making and repeal- 
ing laws according to the word, and the dividing of inhe- 
ritances, and the deciding differences that may arise, and 
all the businesses of like nature are to be transacted by 
those free burgesses. 

This, (viz. Quaere 5.) was put to vote, and agreed unto by 
the hfting up of hands twice, as in the former cases it was 
done. Tiien one man stood up after the vote was past, 
and expressing his dissenting from the rest, in that yet 
granting, 1. That magistrates should be men fearing 
GOD, 2. That the Church is the company whence ordi- 
narily such men may be expected. 3. That they that 
chuse them ought to be men fearing GOD, onelye at this 
be stucke. That free planters ought not to ^ive the power 
out of their hands. 

Another stood up and answered that in this case nothing 
was done but with their consent. The former answered 
that all the free planters ought to resume this power into 
their own hands aafain if things were not orderly carried. 
Mr. Theophilus Eaton answered that in all places they 
chuse committees. In like manner the company s of Lon- 
don chuse the liverys by whom the publique magistrates 
are chosen. In tliis the rest are not wronged : because 
they expect to be of the livery themsf^lves, and to have the 
same power. Some otiiers intreated the former to give 
his arguments and reasons whereupon he dissented. He 
refused [o doe it, and said they might not rationally de- 
rriaimd it, seeing he let tlie vote pass on freely, and did 
not speak till after it was past because he would not hin- 
der what they agreed upon. Then Mr. Daven[)ort, after 
a short relation of some former passages between them 
two about this question, prayed the company that no- 
thing might be concluded jjy them in this weighty 
question but what themselves were persuaded to be agree- 
ing with the minde of GOD, and they had heard what 
had been sayd since the vote, intreated them agayne to 



consider of it and ngayiie to put it to vote as before". 
Agayne all of iheiii, by liolding up their hands, did shew 
their consent as before. And some of them professed, 
that whereas they did waver before they came to the 
assembly, they were now fully cojivinced,' that it is the 
minde of GOD. One of them said that in the morning 
before he came, reading Deuteronomy 17. 1.5. he was con- 
vinced at home. Another said that he came doubting to 
the assembly, but he blessed GOD, by what had beene said 
he was now fully satisfied that the clioyce of burgesses 
out of Church members and to intrust these with the 
power before spoken of, is according to the minde of 
(lOD revealed in the scripture. All having spoken their 
"apprehensions it was agreed upon, and 3Ir. Robert New- 
man was desired to write it as an order whereunto every 
one that hereafter should be admitted here as planters 
should submit, and testify the same by subscribing their 
names to the order, namely, 

That Church T^Tembers only shall be free Burgesses, 
and that they only shall chuse magistrates and officers 
among themselves^ to have the power of transacting all 
publique civil affairs of this plantation, of making and 
repealing laws, devideing of inheritances, deciding Oi 
differences that may arise, and doing all things or busi- 
nesses of like nature. 

This being settled as a fundamental artircle concerning 
civil government, 3Ir. Davenport j>ropounded and pro- 
posed some things to consideration aboute the gatheringe 
of a Church. And to {)revent the blemishing of the first 
beginnings of the worke. He advised that the names oi 
such as were to be admitted might be pubhquely pro-, 
pounded, to the end that they who were most approved 
might be chosen ; for the town being cast into several 
private meetings wherein they that dwelt nearest together 
gave their accounts one to another of GOD's gracious 
work upon them, and prayed together, and conferred to 
their mutual edification, sundry of them had knowledge 
one of another, and in every meeting some one was more 
approved of all tlian any other, — For this reason, and to 
prevent scandalls, the whole company was intreated to 
consider whom they found fittest to nominate for this 
worke. 

Quraee 6. Whether are you all willing and do agree 
in this, that twelve men be chosen, that their fitness for 



119 

t]»e tuiiiitlalion >vork may be trieti, lio\ve\er ibere may be 
more named, yet it may be in their ])ower who are chosen 
to reduce them to twelve and it be in the power of 
those twelve to chuse out of themselves 7, that shall be 
most approved of the major jjart to Ix^irin the church. 

This was agreed upon by consent of all, as was expres- 
sed by holding up of hands, and that so many as should 
bo tliought tit for the foundation work of a church shall 
be propounded by the plantation and written down, and 
passe without exception, unlesse they had given public 
f^randal or offence, yet so as in case of ])nb]ique scandall 
and offence, every one shoidd have liberty to propound 
their excejitions at tjiat time ])ubli(jue]y against any man 
that should be nonjinated when all tlio, names should be 
writ down, but if the offence were ])rivaie, that men's 
names might be tendered, so many as were offended, 
were intreated to deal with the offender privately. And 
if he gave not satisfaction to bring the matter to the 
twelve that they might consider of it impartially and in 
the feare of GOD. The names of the persons named and 
agreed upon were ]Mr T. Eaton, Mr. J. Davenport, Ro- 
bert Newman, Matthew Gibb, Richard Malthie, Nathaniel 
Turner, Thomas Fugill, John Punderson, WiUiam An- 
drews, John Dixon. 'No exception was I'rought against 
any of these in public, except one about taking an exces- 
sive rate for meal that he had sold to one of Pequonnock 
in his neede, which he confessed with grief, and declared 
that having been smitten in heart, und troubled in Jiia 
conscience, he offered such a part of the price back again, 
with confession of liis sin to tlie party, as he thought him- 
self bound to do. And it being feared that the report of 
the sin was heard further than the report of his satisfao 
tion a course was concluded on to n:iake the satistaction, 
to as many as heard of the sin. It was also agreed upon 
at tlie said meetinge, that if the persons above named 
did find tliemselves straitened jn the number of tit men 
for the 7, that it shouM be free for them to take into tryal 
of fitnesse sucii other as they should ihink meete. Pro- 
vided that it should be sigjiihed to the town upon the 
Lonl's day who they so take in tliat every man may bo 
satisfied of tliem, according to the course formerly taken. 

[The foregoing was subscribed and signed by one bun- 
eleven persons.] ^ 



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